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THE FEDERAL UNION 
AND MISSISSIPPI 

A CIVIL GOVERNMENT 

FOR USE IN THE GRAMMAR GRADES OF THE PUBLIC SCHOOLS 

BY 

A. H, ELLETT 

Director of Training School, Blue Mountain College, Mississippi 




B. F. JOHNSON PUBLISHING COMPANY 

ATLANTA RICHMOND DALLAS 






v 



Copyright, 19 10, fv 
B. F. JOHNSON PUBLISHING CO. 



CCIA265494 



PREFACE 

The best way to find out whether or not a plan will prove 
satisfactory is to try it. The plan of this book has been tested 
in my classes for more than ten years and excellent results have 
been accomplished by its use. 

The outlines at the beginnings of the chapters, if brought 
together, would constitute one complete outline of the entire 
subject. This outline was first prepared; then the subject- 
matter of the text was made to conform to it. In preparing the 
outline, the author has endeavored to make it not only logical 
but also complete; in writing the text, he has striven to tell the 
truth and to tell it in a plain way. 

The author acknowledges his gratitude to the following gen- 
tlemen for reading sections of the manuscript and for making 
suggestions and corrections: Judge R. V. Fletcher, State Super- 
intendent J. N. Powers, Col. E. S. Candler, Hon. E. S. Blakeslee, 
Hon. Gaston Jones, Judge Stone Deavours, and Hon. W. A. 
Belk. 

The preparation of this book has been a labor of love — love 
for the record of the Anglo-Saxon as a government builder; love 
for our federal Union and for our fathers who framed it ; love for 
Mississippi and for its traditions; love for the boys and girls of 
the State who in the coming years shall direct its destiny. 

A. H. Ellett. 
Blue Mountain, Mississippi. 



CONTENTS 
CIVIL GOVERNMENT OF THE UNITED STATES 

Chapter Page 

I. Historical Introduction 13 

Colonial Government — Steps Toward Inde- 
pendence and Union — Writing and Rati- 
fying the Constitution. 
II. Legislative Department of the Govern- 
ment of the L t nited States 35 

Introductory — Function of Congress — Organ- 
ization and Structure — Powers and Re- 
strictions — State Rights. 

III. Executive Department of the Government 

of the United States 51 

Function — President and Vice-President — 
The Departments. 

IV. The Judicial Department of the Govern- 

ment OF THE IGNITED STATES 65 

Courts and their Function — Judges — The Su- 
preme Court — Inferior Courts. 

V. The States and the Federal Union 73 

Admission of States — State and Federal Rela- 
tions — State and Federal Taxation. 
VI. Miscellaneous Provisions of the Constitu- 
tion of the United States 83 

Amendments to the Constitution — Checks 
and Balances among Departments — Im- 



CONTENTS 



Chapter Page 

peachment — Naturalization — Copyrights 
and Patents — Admission of States — State 
and Federal Relations — Taxation — Trea- 
son — Vacancies in Office. 



CIVIL GOVERNMENT OF MISSISSIPPI 

VII. Historical Introduction 99 

The Four Constitutions of Mississippi. 
VIII. Legislative Department of the Government 

of Mississippi 105 

Function — Organization and Structure — Offi- 
cers — Special Powers of the House and 
Senate — Making a Law. 
IX. Executive Department of the Government 

of Mississippi .' . . 117 

Governor — Lieutenant Governor— Secretary 
of State — Auditor — Treasurer — Attor- 
ney-General — Superintendent of Educa- 
tion — Librarian — Other State Officers. 
X. Judicial Department of the Government of 

Mississippi 131 

Courts and Their Function — Supreme Court — 
Circuit Court — Chancery Court — Justice 
of the Peace Court — Supervisors Court. 
XI. The Public School System of Mississippi. . . . 141 
Public Schools and the State — Public Schools 
and the County — Separate School Dis- 
tricts — Public School Funds. 

XII. Franchise and Elections in Mississippi 151 

Franchise— Elections, 



CONTENTS 



Chapter 

XIII. 



XIV. 



XV 



XVI. 



XVII. 



XVIII. 



Page 

Regulation of the Financial Affairs of 

Mississippi 161 

Introductory — Constitutional Provisions. 
Regulation of Corporations in Mississippi. 169 
Corporations in General — Railroad Com- 
panies. 

County Government in Mississippi 177 

Introductory — Officers of the County — Offi- 
cers of the District. 

Municipal Government in Mississippi 187 

Introductory — Government of Cities — Gov- 
ernment of Towns and Villages — Reve- 
nues and General Powers. 
Miscellaneous Provisions of the Govern- 
ment of Mississippi 193 

State Militia — Penitentiary — Levees — State 
Eleemosynary Institutions — Boundaries 
and Limits. 
Bill of Rights in the Constitution of Mis- 
sissippi 199 

Rights of the People — Rights of the State. 

Appendix 205 

Constitution of the United States 223 

Constitution of the State of Mississippi. . . . 238 

Index 283 



CIVIL GOVERNMENT OF THE 
UNITED STATES 



OUTLINE OF CHAPTER I 

HISTORICAL INTRODUCTION 

a 1 Colonial Government, 1607-1776. 
b 1 Charter Government. 
b 2 Proprietary Government. 
b 3 Royal Province. 
6 4 Legislative Assembly. 
b 5 Governor's Council. 

a 2 Steps toward Independence and Union. 
b x Franklin's Plan of Union, 1754. 
b 2 "Stamp Act" Congress, 1765. 
b 3 Committees of Correspondence, 1773. 
b 4 First Continental Congress, 1774. 
b 5 Second Continental Congress, May 10, 1775. 
b 6 Mecklenburg Declarations, May 20, 1775. 
b 7 Lee's Resolution, June 7, 1776. 
b 8 Declaration of Independence, July 4, 1776. 
b 9 State Governments formed, 1776-1783. 

6 10 Articles of Confederation, 1777-1781. 

6 11 Second Treaty of Paris, 1783. 

6 12 Need of a stronger Government, 1783-1789. 

6 13 Annapolis Convention, 1786. 

6 14 Constitutional Convention, 1787. 

6 15 Historical Summary. 

a 3 Writing and Ratifying the Constitution. 

6 1 Reason: Defects in Articles of Confederation. 
b 2 Purposes: Preamble. 

c 1 Union. 

c 2 Justice. 

c 3 Tranquillity. 

c 4 Defense. 

c 5 Welfare. 

c 6 Liberty. 



12 



THE FEDERAL UNION AND MISSISSIPPI 



Makers : Some of them- 
c 1 Southern — 



Northern- 



f/ 1 
d 2 
d z 

d' 

d" 



Alexander Hamilton (N. Y.). 
Benjamin Franklin (Penn.). 
John Dickinson (Del.). 
Roger Sherman (Conn.). 
John Langdon (N. H.). 



Washington (Va.). 

Madison (Va.). 

Daniel Carroll (Md.). 

William Davie (N. C.) 

The Pinckneys (S. C.) 
Obstacles. 

c 1 Lack of Authority. 
c 2 Lack of a Pattern. 
c 3 Jealousy of States Rights. 
c 4 Conflicting Interests. 
c 5 Distrust of the People. 
Compromises — 3 Principal Ones. 
c 1 As to Representation of large and small States. 
c 2 As to counting Slaves in determining Population. 
c 3 As to Ocean Trade in Slaves, 1808. 
Ratification . 
Conclusion. 



THE FEDERAL UNION AND 
MISSISSIPPI 



CHAPTER I 
HISTORICAL INTRODUCTION 

In order to understand our government as it exists to-day, 
a study of the history of its formation is necessary. For this 
reason the colonial governments will be briefly described and 
the steps by which the colonies separated from Great Britain 
and formed the Union will be traced. 

COLONIAL GOVERNMENT 

Three Forms of Government. — The thirteen original colonies 
had three distinct forms of government in the period extend- 
ing from the settlement at Jamestown (1607) to the Declara- 
tion of Independence '(1776) : 

1. Charter Government. To some of the colonies char- 
ters were granted by the British government, allowing certain 
specified rights to each colony; but inasmuch as the charter 
could be amended or repealed at any time, the power to con- 
trol the colony rested with the British government. Massa- 
chusetts, Connecticut, and Rhode Island had this form of 
government. 



14 THE FEDERAL UNION 

2. Proprietary Government. Under the proprietary 
form of government some one man virtually owned the colony, 
and governed it personally or through governors appointed 
by himself. Maryland and Pennsylvania were examples of 
this form. 

3. Royal Province. The third form of colonial govern- 
ment was the " royal province." Each royal province was 
controlled by the British government. This control was exer- 
cised through a royal governor, appointed by the Crown. 
South Carolina and New Hampshire were examples of this 
form. 

The policy of the British government for some years prior 
to the Revolutionary War was to force all the colonies to 
become royal provinces. The tyranny of the royal governors 
did much toward bringing on the struggle between the colo- 
nies and England. 

Legislative Assembly. — Each of the thirteen colonies had a 
legislative assembly, composed of delegates elected by the 
people. It was their duty to make laws for the government 
of the colony. 

The first legislative assembly in America met at Jamestown, 
Virginia, July 30, 1619. It was composed of representatives 
"freely elected by the inhabitants of Jamestown colony." In 
describing this assembly, the historian Bancroft says : " This 
was the happy dawn of legislative liberty in America. * * * 
It constituted the first popular representative government of 
the Western hemisphere." 

Governor's Council. — The governor of each colony had a 
council to advise with him and assist him in performing his 



AND MISSISSIPPI 15 



duties. The members of the council were usually appointed 
by the king or by the owner of the colony. In nearly all of the 
colonies the council took part in the work of making laws. 
The frequent clashes between the council and governor on one 
side and the assembly on the other gradually widened the 
breach between the colonies and the mother country. 

STEPS TOWARD INDEPENDENCE AND UNION 

Franklin's Plan of Union, 1754. — The first suggestion of 
union among the colonies was made by the British govern- 
ment itself at the outbreak of the French and Indian War. 
In obedience to its suggestion, delegates from several of the 
colonies met at Albany, New York, in 1754, and considered a 
plan of union drawn up by Benjamin Franklin. It is known 
as "The Albany Plan." 

It provided for two departments of government: (1) A 
president-general, appointed by the Crown; and (2) a grand 
council, chosen by the colonial assemblies. 

It was rejected by both sides. The king rejected it because 
it gave too much power to the colonies, and the colonies re- 
jected it because it gave too much power to the king. The 
meeting, however, had the effect of bringing about a. closer 
relation and better understanding among the colonies. 

The Stamp Act Congress, 1765. — The Stamp Act Congress, 
composed of delegates from nine of the colonies, met two 
years after the close of the French and Indian War to pray 
against "taxation without representation," in general, and the 
Stamp Act in particular. The Congress, after denying the 
right of Parliament to tax them so long as they had no repre- 



16 THE FEDERAL UNION 

sentatives in that body, sent petitions on the subject to the 
king. 

England paid little attention to the prayers of this Congress. 

Committees of Correspondence, 1773. — The first real con- 
cert of action among the colonies was brought about by 
"Committees of Correspondence/' formed under a plan 
offered by Dabney Carr, a member of the Virginia assembly. 
The first committee consisted of Peyton Randolph, Robert C. 
Nicholas, Richard Henry Lee, Edmund Pendleton, Patrick 
Henry, Archibald Cary, Dabney Carr, and Thomas Jefferson. 

The plan met with immediate favor. Similar committees 
were formed in all the colonies. By corresponding with one 
another through these committees, the colonies came to know 
one another's grievances, and this resulted in a closer union of 
action among them. 

Speaking of this movement, Bancroft says: " Virginia laid 
the foundation of our Union. Massachusetts organized a 
province; Virginia promoted a confederacy." 

First Continental Congress, 1774. — As a result of the work 
of these Committees of Correspondence, the first Continental 
Congress met September 5, 1774, in answer to Virginia's call. 
Peyton Randolph, of Virginia, was chosen president. This 
Congress did three things: (1) Agreed not to trade with Eng- 
land until all offensive laws had been repealed; (2) issued a 
statement of grievances, in which was clearly set forth what 
the colonies considered to be their rights; (3) recommended 
that another Congress meet in the following May (1775). 

Second Continental Congress, May 10, 1775. — Pursuant to 
the call issued the year before, the second Continental Con- 



AND MISSISSIPPI 17 



gress met May 10, 1775. The important thing it did was to 
appoint George Washington as commander-in-chief of the 
American armies. The battle of Lexington had already been 
fought; the hour of prayer and protest had passed, and the 
time to resort to arms had come. 

Mecklenburg Declaration, May 20, 1775. — Ten days after 
the second Continental Congress met, and twenty-five days 
before that body had elected Washington commander-in-chief, 
the patriots of Mecklenburg county, North Carolina, met and 
passed the famous "Mecklenburg Declarations" on independ- 
ence. Up to this time the idea of the colonies was to fight 
for their rights inside the government of England. These reso- 
lutions, however, declared for independence of the govern- 
ment of that country. 

Lee's Resolution, June 7, 1776. — The next bold step toward 
freedom was made in June, 1776, when Richard Henry Lee 
introduced in Congress his famous resolution: "These United 
Colonies are, and of right ought to be, free and independent 
states; and all political connection between them and the 
State of Great Britain is, and ought to be, totally dis- 
solved." 

Declaration of Independence, July 4, 1776. — Lee's resolu- 
tion was adopted July 2, 1776, and a committee was appointed 
to draw up a formal Declaration of Independence. The com- 
mittee consisted of Thomas Jefferson, of Virginia, John 
Adams, of Massachusetts, Benjamin Franklin, of Pennsyl- 
vania, Roger Sherman, of Connecticut, and Robert Livings- 
ton, of New York. The Declaration prepared by this com- 
mittee is so nearly in the words penned by Jefferson that he is 



18 THE FEDERAL UNION 

famed as its author. It was presented to Congress and 
adopted on July 4, 1 776. 

The colonies received the Declaration with the wildest joy, 
and immediately set about forming state governments. 

Formation of State Governments, 1776- 1783. — The colonies, 
each acting singly and each for itself, seceded from England 
and adopted the Declaration of Independence. Having done 
this, each for itself constituted itself a state — a sovereign, 
independent state — independent of Great Britain, independ- 
ent of each other, and independent of all other governments 
in the world. 

South Carolina was the first to form a state government, 
and by 1783, when the independence of the colonies was recog- 
nized by Great Britain, all of them, except Rhode Island and 
Connecticut, had prepared and adopted state constitutions. 
These two became states under the charters they already had. 

Articles of Confederation, 1 777-1 781. — When the war with 
Great Britain began, it was clear that the colonies would have 
to act together if they hoped to succeed. As a plan of union 
the Articles of Confederation were prepared. This paper was 
adopted by the Continental Congress, November 17, 1777; 
but it was set forth in the paper itself that its provisions were 
not to be binding until all the states had separately ratified it. 

Maryland was the last state to join the confederation. It 
ratified the Articles in 1781, after the fighting of the Revolu- 
tion was virtually over. 

Second Treaty of Paris, 1783. — The second Treaty of Paris 
acknowledged that the thirteen colonies were thirteen inde- 
pendent nations. The first article of the treaty is as follows: 



AXD MISSISSIPPI 19 



"His Britannic Majesty acknowledges the said United 
States, viz.: New Hampshire, Massachusetts-Bay, Rhode 
Island and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, and Georgia to be free, sov- 
ereign and independent states; and he treats with them as 
such ; and for himself, his heirs, and successors, relinquishes all 
claim to the government, proprietary and territorial rights of 
the same, and every part thereof." 

The day on which this treaty was signed, there were along 
our eastern coast, from Florida to Maine, according to their 
own claim and according to the acknowledgment of England, 
thirteen separate, independent nations. 

Need of a Stronger Government, 1783 to 1789. — In the in- 
terval from the second Treaty of Paris (1783) to the inaugura- 
tion of Washington (1789), there were six years during which 
each one of the thirteen states had its own separate govern- 
ment. In theory they were bound together by the Articles 
of Confederation, but in fact they were not bound at all by 
any central authority. The Articles of Confederation had 
never been anything more than a mutual agreement between 
the colonies that they would do as they pleased. During the 
Revolution this arrangement served very well, because they 
all pleased to stand together in the fight against Great Britain ; 
but when the war was over and independence had been ac- 
knowledged, it pleased them to act singly and differently one 
from the other, and they did so. 

The Congresses that met under the Articles of Confedera- 
tion were nothing more than advisory bodies. The state 



20 THE FEDERAL UXIOX 

that liked the advice took it, and the one that disliked it did 
not take it. Each one of the thirteen nations, or states, 
looked after its own welfare, according to its own idea. Each 
of them passed tariff laws against all the others. Each had 
its own money system, and a piece of money good in one state 
might not be accepted as such in another state. 

The states owed individually a Revolutionary War debt of 
about $75,000,000. As early as 1781 Congress asked for au- 
thority to levy a duty on imports in order to raise money to 
pay this debt ; but the consent of all the states was necessary, 
and Rhode Island refused. Two years later the request was 
renewed, and this time New York refused. An increase in 
the tax rate, made by Massachusetts to pay off that state's 
part of the debt, caused serious trouble. About 2,000 armed 
men, led by Daniel Shays, marched to Worcester and drove the 
supreme court out of the courthouse. The militia finally sup- 
pressed the disorder. 

As the general condition of the country continued to go 
from bad to worse, people began to realize the need of a 
stronger government. 

Annapolis Convention, 1786. — To improve and promote 
their own business interests, Virginia and Maryland, in 1785, 
made an agreement between themselves as to their commer- 
cial relations. Being pleased with the working of this ar- 
rangement, Virginia, in January, 1786, issued a call for a con- 
vention of all the states to establish a uniform commercial 
system among them. The call was answered by only four other 
states — New Jersey, New York, Pennsylvania, and Dela- 
ware. 



AND MISSISSIPPI 21 



The delegates met at Annapolis, September, 1786. The 
only thing of importance that this convention did was to issue 
a call for another convention to meet the following May in 
Philadelphia. 

Constitutional Convention, 1787. — Pursuant to this call, 
delegates from all the states, except Rhode Island, met in 
Philadelphia, May, 1787. Fifty-five delegates attended the 
convention. 

On the 25th of May, 1787, delegates from seven of the 
states organized the convention by electing George Washing- 
ton as its president. It adjourned September 17th, having 
been in session about four months and having written during 
that time our present Constitution. 

The great English statesman, William E. Gladstone, says of 
this Constitution: " It is the greatest work ever struck out at 
one time by the hand of man." 

Historical Summary. — The colonies had settled as separate 
and distinct communities, independent of each other; they 
had grown and developed as such through one hundred and 
sixty-eight years. They had fought the Revolution, each as 
a separate and independent state helping the other twelve, 
but not surrendering any sovereignty to any one of them, nor 
to all of them taken together. When the war was over, each 
one of the thirteen had its own name written down in the 
treaty, and by the terms of the treaty was an acknowledged 
sovereign, independent of all nations outside the United States, 
and equally independent of each other, except in so far as 
they chose to regard the recommendations made by the Con- 
tinental Congress. This Congress sometimes even failed to 



22 THE FEDERAL UNION 

meet, and some of the states, in order to save expense, de- 
clined at times to send delegates to it. Thus the government 
organized under the Articles of Confederation began to fail 
for lack of support. 



WRITING AND RATIFYING THE CONSTITUTION 

Reason; Defects in the Articles of Confederation. — Defects 
in the Articles of Confederation and the consequent dis- 
organized condition of the government led to the making of 
our present Constitution. Some of these defects were: 

1. There was only one department, the legislative; this 
could make a law, but had no power to enforce it. 

2. The consent of nine states was required to pass any im- 
portant law. 

3. No power was given to a central government to enact 
and enforce uniform laws of commerce, to enforce treaties, or 
to collect federal taxes. 

The Articles of Confederation differed from the present 
Constitution in many particulars; under the Articles — 

1. Each state elected its representatives in its own way 
without any reference to the authority of Congress. 

2. Each state paid its own representatives. 

3. Each state had one vote, and only one, in Congress. 

4. Each state had the power to recall any or all of its dele- 
gates at any time, and to send others in their stead. 

5. Each state was expected to pay its pro rata part into the 
federal treasury, according to the value of its land. 

6. One year was the term of a representative, and no one 



AND MISSISSIPPI 23 



was permitted to be a representative more than three years in 
any six. 

Purposes : Preamble. — The purposes of the Union under the 
Constitution, as set forth in the preamble, or opening sentence, 
are : 

1 . To form a more perfect union. 

2. To establish justice. 

3. To insure domestic tranquillity. 

4. To provide for the common defense. 

5. To promote the general welfare. 

6. To secure the blessings of liberty to ourselves and our 
posterity. 

Makers : Some of Them. — The following are the names of a 
few of the makers of the Constitution, together with a word in 
regard to each: 

(1) From the South — 

1. George Washington was unanimously chosen president 
of the convention. 

2. James Madison is known as the " Father of the Consti- 
tution." 

3. Daniel Carroll favored the election of the president by 
the people. 

4. William Davie proposed the plan of impeaching the 
president. 

5. Charles Pinckney and Charles Cotesworth Pinckney 
favored religious freedom. 



24 THE FEDERAL UNION 

(2) From the North — 

1. Alexander Hamilton (1) objected to daily prayer at the 
opening of the sessions of the convention; (2) opposed the 
"federal" plan of Union; (3) favored the formation of one 
strong central government to take the place of state govern- 
ments ; (4) declared that he considered the British government 
the best in the world; (5) was in favor of the president's hold- 
ing office for life. ^ 

2. Benjamin Franklin objected to paying the president any 
salary. 

3. John Dickinson wished the senate to bear as strong like- 
ness to the British House of Lords as possible. 

4. Roger Sherman said: "The people should have as little 
to do as may be about the government." 

5. John Langdon was in favor of the president's being 
elected by Congress. 

Obstacles. — There were numerous obstacles in the way of 
writing a Constitution and of forming a Union under it : 

1. Lack of Authority. The delegates to the convention 
had been sent by sovereign states to do a specific thing, and 
that specific thing was not to write a new Constitution, not to 
form a new Union. They had been sent for the "sole and ex- 
press purpose of revising the Articles of Confederation." 

All the delegates recognized this obstacle. All of them 
acknowledged that the paper they were writing would have no 
force unless the sovereign states separately and voluntarily 
ratified it. 

2. Lack of a Pattern. The writing of a Constitution for 
a republic was a new undertaking, for no such paper had ever 



AND MISSISSIPPI 25 



before been written. The Constitution, when completed, was 
not a copy of a similar one that had already been tried ; it was 
a creation. 

3. Jealousy of States Rights. The states that sent 
delegates to the convention were intensely jealous of their 
sovereignty for themselves, and the delegates were jealous of 
it for them. More than once the proposed Constitution came 
near going to pieces on this rock. The delegates were willing 
to make many concessions, but they were very unwilling to 
surrender the sovereignty of their states. 

4. Conflicting Interests. Another serious obstacle was 
encountered in the conflicting interests of the different states. 
Each of them wanted for itself the provisions that would in- 
sure its welfare, whether such provisions were for the welfare 
of the other states or not. 

5. Distrust of the People. Finally, there was in some 
of the delegates a deep distrust of the people. They did not 
believe the people were capable of self-government, and they 
were unwilling to write a Constitution that would give them 
the right to govern themselves. Delegates like Hamilton, 
Gerry, and Sherman came out openly in the discussions and 
said that they were opposed to taking the risk of trusting the 
people with the government. 

This distrust caused the convention to adopt a resolution 
that none of the proceedings should be made public. This 
resolution was well kept for fifty-two years. Only one man, 
James Madison, preserved a record of the proceedings. After 
his death Congress paid Mrs. Madison $30,000 for this record, 
and in 1840 it was printed. This was the first opportunity 



26 . THE FEDERAL UNION 

the people had for knowing what had been thought and said 
in the great convention. 

Compromises. — In the broadest sense of the word, the Con- 
stitution itself is a compromise, inasmuch as the main features 
of it were regulated by a series of compromises. Three of the 
most important are : 

1. As to Representation of Large and of Small 
States. Much discussion arose as to how the states should 
be represented in the federal Congress. The large states 
wanted representation according to population. The small 
states were unwilling to this ; for, while they were not so popu- 
lous, they argued that they were complete and sovereign 
states, and should have as much voice in the general govern- 
ment as any other state. 

The compromise by which an agreement was reached on 
this question was that each state should have representatives 
in the lower house according to population ; but in the senate, 
each state, regardless of its size and population, should have 
two senators. 

2. As to Counting Slaves in Determining Popula- 
tion. In determining population as a basis of representation 
in the lower house, the South wanted all of its slaves counted. 
The North wanted none of them counted. The compromise on 
this question was that five slaves should be counted as equal 
to three white persons. The basis of this compromise is 
known as the " federal ratio." It was further provided that 
the number of representatives should not exceed one for every 
thirty thousand people. 



AND MISSISSIPPI 27 



3. As to Ocean Trade in Slaves. — One of the hottest de- 
bates of the convention was on the question of stopping the 
importation of slaves. Most of the Southern states wanted 
it stopped at once. The New England states, however, 
wanted it continued, because their shipowners were making 
large profits from the traffic in slaves. 

Governor Livingston, of New Jersey, was chairman of the 
committee that reported in favor of continuing the slave trade 
till 1800. A motion to extend the trade to 1808 was seconded 
by Nathaniel Gorham, of Massachusetts, and when this motion 
was put to a vote every New England state in the convention 
voted for it. If these New England states had voted "no," 
the measure would have been defeated by the same majority 
as that by which it was carried. 

Thus a compromise was made whereby the evils of the 
ocean slave trade were continued for twenty years. 

Ratifying the Constitution. — After the delegates had writ- 
ten the Constitution and had agreed to it among themselves, 
the next thing was to induce the states to ratify it. The 
method of ratification is written in the Constitution itself: 
"The ratifications of the conventions of nine states shall be 
sufficient for the establishment of this Constitution between 
the states so ratifying the same." 

How was it to be ratified? By conventions of the states, 
each acting independently of all the others. How many must 
ratify to make the Constitution operative? At least nine. 
Then it would be a binding Constitution for what states, and 
how many? For the nine so ratifying. What about the 
other states that might choose not to ratify it? They would 



28 THE FEDERAL UNION 

not be in the Union, and the Constitution would have no au- 
thority over them. 

Eleven states ratified the Constitution within a year after 
it had been framed. After receiving assurances that certain 
amendments limiting the power of the general government and 
protecting the rights of the states and the liberties of the citi- 
zens would be added, North Carolina, in 1789, and Rhode Is- 
land, in 1790, withdrew all opposition and ratified it. 

Conclusion. — The thirteen separate and distinct settlements 
made from 1607 to 1733 had come to be a " federal union under 
one constitution." After the colonies had seceded from 
Great Britain, they agreed to form a " perpetual union" 
among themselves under the Articles of Confederation. The 
union thus formed did not prove to be perpetual: the states, 
singly and at different dates, seceded from it and ratified the 
Constitution. Several of them expressly announced in their 
ordinances of ratification that they reserved to themselves 
the privilege of withdrawing from the Union when it pleased 
them to do so. 

In forming a federal union of sovereign states under the 
Constitution, each state retained all its rights and powers, 
except such as it delegated to the federal government or agreed 
to abstain from exercising. On this subject the Constitution 
says : " The powers not delegated to the United States by the 
Constitution nor prohibited by it to the states are reserved to 
the states respectively or to the people." 

The Constitution was not made by " the people " as a nation ; 
it was made by the states, each one being at the time a sepa- 
rate and independent nation. A state is not a part of the 



AXD MISSISSIPPI 29 



United States — it is one of them, and as such each of them 
became a party to an agreement by which the Union was 
formed. 

With this understanding of the history of our government 
and the basic principles underlying it, the study of its opera- 
tion may now be taken up. 



OUTLINE OF CHAPTER II 

LEGISLATIVE DEPARTMENT OF THE GOVERNMENT OF 
THE UNITED STATES 

a 1 Introductory. 

& 1 Three Departments of Government. 

a- Function of Congress. 
h [ To Make Laws. 

a 3 Organization and Structure. 
b 1 Two Houses of Congress. 

c 1 House of Representatives. 
d 1 Members. 

e l Qualifications. 

/' Age — 25 years. 
/-' Citizen of V. S. for 7 Years. 
f 3 Inhabitant of State he represents. 
c- Manner of Election — By Voters of his District. 
e 3 Term — 2 years. 
e 4 Salary— $7,500 and Mileage. 
e 5 Apportionment — One to 194,182. 
e G Entire Number — About 400. 
d 2 Officers. 

e 1 Speaker — Presiding Officer. 
e 2 Chaplain — Leads Opening Prayer. 
c s Clerk— Reads Bills, etc. 
e 4 Sergeant-at-arms — Keeps Order. 
e 5 Postmaster — Distributes the Mail. 
e 6 Doorkeeper — Keeps the Door. 
d 3 Exclusive Powers. 

e 1 To originate Bills for raising Revenue. 

c 2 To prepare Charges of Impeachment. 

c 3 To elect President when Electors fail to do so. 



32 THE FEDERAL UNION 

c 2 Senate. 

d x Members. 

e 1 Qualifications. 

Z 1 Age— 30 Years. 

P Citizen of U. S. 9 Years. 

/ 3 Inhabitant of State he represents. 

e 2 Manner of election — by State Legislature. 

e 3 Term — 6 Years. 

e i Salary— $7,500 and Mileage. 

e 5 Apportionment — 2 to each State. 

e 6 Entire Number — 92. 
d 2 Officers. 

e 1 President — Presiding Officer. 

e 2 Chaplain — Leads in Opening Prayer. 

e 3 Secretary — Reads Bills, etc. 

e 4 Sergeant-at-arms — Keeps Order. 

e 5 Postmaster — Distributes Mail. 

e 6 Doorkeeper — Keeps the Door. 
d 3 Exclusive Powers. 

e 1 To ratify Treaties. 

e 2 To confirm Appointments. 

e 3 To try Cases of Impeachment. 

e 4 To elect Vice-President when Electors fail to do so. 
c 3 Powers in Common. 

d l To punish own Members. 

d 2 To elect own Officers. 

d 3 To make own Rules of Order. 

d 4 To judge Election and Qualifications of own Members. 

a 4 Powers and Restrictions. 

b 1 Powers Granted by the States. 
c 1 As to Money. 

d 1 To lay and collect Taxes. 
d 2 To borrow on Credit of United States. 
d 3 To coin and regulate the Value of. 
d 4 To punish Counterfeiting. 
c 2 As to War. 

d 1 To declare War. 

d 2 To raise and support Armies. 



AND MISSISSIPPI 33 



d 3 To provide and maintain a Navy. 

d 4 To grant Letters of Marque and Reprisal. 

As to Territory. 

d l To make Rules and Regulations for. 

d 2 To dispose of. 

d 3 To admit as States. 

As to Commerce. 

d l To regulate with foreign Nations. 

d 2 To regulate with Indian Tribes. 

d 3 To regulate interstate. 

d 4 To fix Standards of Weights and Measures. 

Miscellaneous Powers. 

d 1 To naturalize Foreigners. 

d 2 To grant Patents and Copyrights. 

d 3 To establish Post Offices and Post Roads. 

d 4 TJo establish inferior Courts. 

d 5 To pass Laws necessary to execute its Powers. 



Powers denied by the States. 

b 1 List— (Partial). 

c 1 Habeas Corpus — Not to be suspended. 
c 2 Bill of Attainder — Not to be passed. 
c 3 Ex Post Facto Law — Not to be passed. 
c 4 Titles of Nobility — Not to be granted. 
c 5 Exports— No duty on. 

State Rights. 

b 3 Two important Principles. 



CHAPTER II 

LEGISLATIVE DEPARTMENT OF THE GOVERNMENT OF 
THE UNITED STATES 



INTRODUCTORY 

Three Departments of Government. — The system of govern- 
ment adopted by the framers of our Constitution consists of 
three branches: (1) The legislative department, or Congress; 
(2) the executive department, at the head of which is the 
president; (3) the judicial department, consisting of a su- 
preme court and . inferior courts established by Congress. 
Each of these departments has its own particular function. 

• FUNCTION OF CONGRESS 

To Make Laws. — It is the function of Congress to make laws 
for the government of the United States. Before these laws 
go into effect they must be referred to the president for his 
approval. 

ORGANIZATION AND STRUCTURE 

Two Houses of Congress. — Congress consists of a senate and 
a house of representatives. The latter is usually called " the 



36 THE FEDERAL UNION 

house," though both bodies are often spoken of as "the 
houses." 

Congress is required to meet every year on the first Monday 
in December; and it may be convened, or called together, by 
the president upon extraordinary occasions at times fixed by 
him. 

Qualifications of Members. — The qualifications of members 
of Congress are : 

Representatives, 25 years of age; senators, 30 years. 

Representatives, 7 years a citizen of his state; senators, 9 
years. 

Representatives, inhabitant of his state ; senators, the same. 

Manner of Election. — Each state is divided into as many 
congressional districts as it is entitled to members in the house 
of representatives. These are known by their number as the 
first, second, third, etc., congressional district. A representa- 
tive is elected by the voters in his own district. The voters in 
one district have nothing to do with the election of a repre- 
sentative in any other district. 

According to the Constitution each state legislature elects 
two United States senators. In many of the states, Mississippi 
being one of them, the senators are virtually elected by a 
direct vote of the people — that is, they are nominated in 
general primary elections, and the legislature simply confirms 
the nominations when it meets. 

Term. — The term of office of a representative is two years; 
that of a senator is six years. At the beginning of the session 
of the first Congress the senators were divided into three 
classes — one third holding office for two years, one third for 



AND MISSISSIPPI 37 



four years, and one third for six years. By this arrangement 
the term of one third of the senators begins and one third ex- 
pires every two years. 

Salaries. — The salary of a representative and of a senator is 
the same, namely, $7,500 a year, with 20 cents mileage for 
every mile traveled in going to and coming from a meeting of 
Congress; for example, a member from San Francisco, 2300 
miles from Washington, would receive S920 mileage. 

It must not be understood, however, that these salaries, to- 
gether with the mileage, represent all the money that our con- 
gressmen cost us. Each has a private secretary at a salary of 
$1500 per annum; each has a large allowance for stationery, 
etc.; each is supplied with elegant office arrangements, and 
there are numerous clerks and assistants who are paid out of 
the federal treasury. 

Apportionment. — The number of representatives from each 
state is determined by its population. Each state, however, no 
matter how small its population, is entitled to at least one 
representative. The exact number of people that each con- 
gressional district should have is, according to the census of 
1900, 194,182. Multiply this number by the number of 
representatives your state has, and the product will be about 
its population in 1900. 

Number of Representatives and Senators. — The entire num- 
ber of representatives now is about 400. This includes all 
the representatives from the states, and one delegate from 
each of the territories, one each from Hawaii and Porto Rico, 
and two from the Philippine Islands. The delegates from the 
territories and from our insular possessions are entitled to all 



38 THE FEDERAL UNION 

the privileges of the floor and may speak on any question, but 
they have no vote. 

Officers of the House. — The Speaker. The principal offi- 
cer of the house of representatives is the speaker. He acts as 
its presiding officer. A member must rise, address the 
speaker, and be recognized before he can be heard on any 
question. If more than one member rise at the same time, 
the speaker may recognize the one whom he personally wishes 
to have the floor. 

The Chaplain. As soon as the presiding officer has 
called the house to order, the chaplain offers an opening 
prayer. 

The Clerk. The clerk reads the bills that are offered and 
keeps the journal (record of transactions). When a member 
introduces a bill, he sends it by a page to the clerk who reads 
it aloud to the house. The speaker thereupon assigns the bill 
to its appropriate committee. 

The Serge ant- at- Arms. The sergeant-at-arms is the 
sheriff of the house. In case of disorder among the members, 
he bears his mace up and down the aisles. This mace is a 
bundle of ebony rods supporting a globe surmounted by the 
image of an eagle. When the disorderly members see this 
mace, they are expected to come to order. 

It is also the duty of the sergeant-at-arms to keep account 
of the pay and mileage of the members. 

The Postmaster. It is the duty of the postmaster to at- 
tend to distributing the mail sent to members of the house. 

The Doorkeeper. The doorkeeper has charge of the 
doors. It is his duty to let the members in and out of the 



AND MISSISSIPPI 39 



house, and to see that no one enters or leaves contrary to its 
rules and regulations. 

None of these officers is a member of the house except the 
speaker. 

Officers of the Senate. — The vice-president of the United 
States is ex officio president (presiding officer) of the senate. 

At the organization of the senate every two years a presi- 
dent pro tempore is elected. It is his duty to preside over the 
senate in the absence of the vice-president or when the vice- 
president assumes the duties of president. 

The other officers of the senate are a chaplain, secretary, 
sergeant-at-arms, postmaster, and doorkeeper. These officers 
have duties similar to the corresponding officers of the house. 
The duties of the secretary are similar to those of the clerk in 
the house. 

None of these officers is a member of the senate except the 
president pro tempore. 

Exclusive Power of the House. — In general lawmaking the 
senate and the house of representatives have equal powers; 
but the Constitution grants certain powers to the senate and 
not to the house, and certain other powers to the house and 
not to the senate. These powers are called exclusive powers. 
The exclusive powers of the house are: (1) To originate all bills 
for raising revenue; (2) to prepare charges of impeachment; 
(3) to elect a president in case the presidential electors fail to 
choose one. 

Exclusive Powers of the Senate. — The exclusive powers of 
the senate are: (1) to ratify treaties; (2) to confirm appoint- 
ments made by the president; (3) to try cases of impeach- 



40 THE FEDERAL UNION 

ment; (4) to elect a vice-president in case the presidential 
electors fail to choose one. 

Powers Exercised by Each House. — The Constitution gives 
to each house the power : (1) To judge of the election and quali- 
fications of its own members; (2) to punish its own members 
for disorderly or improper conduct, and, with the concurrence 
of two thirds, to expel a member; (3) to determine the rules 
by which it must proceed in making laws ; (4) to elect its own 
officers, with one exception — the vice-president of the United 
States is ex officio president of the senate. 

POWERS AND RESTRICTIONS 

Powers Granted by the States. — Before the states became a 
Union under the Constitution they possessed all the powers of 
government; forming a Union could not create for them any 
additional powers. The problem for the states to decide 
through their delegates was: Which of our powers shall we 
keep and which of them shall we give to the federal govern- 
ment? How the states solved this problem is shown in the 
Constitution. The powers relating to state and national 
governments, as set forth in that document, may be broadly 
classified thus: 

1. Those granted to the United States. 

2. Those denied to the states and to the United States by 
specific statement. 

Of course, all powers not mentioned in the Constitution still 
belong to their original owners, the states. 

We shall now consider the more important powers granted 
by the states to the United States : 



AND MISSISSIPPI 41 



As to Money. 1. — To Lay and Collect Taxes. Under the 
power given to Congress "to lay and collect taxes/' the 
United States government taxes articles imported, or brought 
into this country from foreign countries. These taxes are called 
duties or imports, and the schedule or system according to 
which these duties or imports are levied is called a " tariff.' ' 

The government also lays and collects taxes on whiskey and 
other alcoholic liquors and tobacco. These taxes are known 
as ' ' internal revenue. ' ' 

The tariff and internal revenue are the principal means 
whereby money is supplied to the federal treasury. 

2. To Borrow Money. In borrowing money, the usual plan 
is to issue bonds, in which the government promises to pay a 
given amount of money at a stated time, with interest at a given 
rate. These bonds are then sold and the proceeds placed in 
the treasury of the United States. 

3. To Coin Money and Regulate its Value. To Congress is 
given the power to coin money and regulate its value. So by 
law it may make money out of any commodity. If the United 
States government should stamp a copper cent calling it a 
dollar, it would pass as a dollar. The Supreme Court has de- 
cided that " to coin money " means the making of paper money 
as well as the making of metal money. Hence the United 
States has the power to make all its money of paper, without 
the use of metal at all. 

4. To Provide Punishment for Counterfeiting. To make imi- 
tation coins or treasury notes of the United States with the 
intent to pass them off as money is counterfeiting. Congress 
is given the power to provide for punishing those who commit 
this crime. 



42 THE FEDERAL UNION 

As to War. Congress is given the power to declare war, to 
raise and support armies, and to provide and maintain a 
navy. 

Congress alone has the power to grant letters of marque and 
reprisal. Such letters authorize a private individual during 
time of war to take the property of a foreign state or of its 
citizens. If a person has a letter of marque and reprisal and 
is captured by the enemy, he must be treated as a prisoner of 
war. Without such a letter he may be treated as a pirate. 

As to Territory. The Constitution gives to Congress the 
power to make rules and regulations respecting territory be- 
longing to the United States. It may dispose of such terri- 
tory, and it may admit a territory into the Union as a state. 
In this connection it should be noted that in the acts of admis- 
sion of the states into the Union this important line is always 
written: "Admitted into the Union on an equal footing with 
the original states, in all respects whatsoever." 

These questions will be more fully treated in the chapter on 
The States and The Federal Union. 

As to Commerce. Congress is given the power to regulate 
commerce with (1) foreign nations, (2) Indian tribes. (3) 
among the states. Commerce among the states is known as 
"interstate commerce/' and its regulation is under the imme- 
diate charge of the Interstate Commerce Commission. 

Congress has the power to fix the standard of weights and 
measures. At present the system of weights and measures is 
not uniform in this country — each state has been allowed to 
establish its own system. Congress, however, may at any 
time enact a law making the weights and measures uniform 
throughout the country. 



AND MISSISSIPPI . 43 

Miscellaneous Powers of Congress. Among the other 
powers given to Congress are: (1) To make uniform rules by 
which foreigners may become citizens of this country; (2) to 
grant copyrights and patents to authors and inventors; (3) to 
establish post offices and post roads; (4) to constitute courts 
inferior to the Supreme Court; (5) " to make all laws that shall 
be necessary and proper for carrying into execution the fore- 
going powers." These subjects will be more fully treated in 
subsequent pages. 

Powers Denied by the States. — In the outline on page 33, 
there are mentioned certain powers that are denied to the 
United States as well as to the individual states themselves. 
Who denied them? The states did. In effect they declared 
that the United States should not exercise these powers, and 
they pledged themselves that they would not. With refer- 
ence to the United States, it was an authoritative denial by 
the states; with reference to the states, it was a voluntary 
self-denial. Some of these denied powers will now be con- 
sidered. 

Habeas Corpus. The states and the United States are 
denied the right to suspend the writ of habeas corpus. If a 
man is detained or imprisoned on some charge, he has the 
right to get from a judge a writ of habeas corpus. The writ 
commands that the lawfulness of the detention or imprison- 
ment be inquired into as speedily as possible. 

Bill of Attainder. A bill of attainder is a legislative act 
by w T hich a person is deprived of life, property, or other rights 
of citizenship without being allowed a trial in the courts of 
justice. Under cover of such laws, many people in the old 



44 THE FEDERAL UNION 

world have been condemned and executed without any hearing 
or any possibility of making a defense. In some cases their 
property has been confiscated and their families outlawed. 

Realizing that such laws were unjust, it was provided in the 
Constitution that no bill of attainder should be passed in this 
country. 

Ex Post Facto Law. An ex post facto law is one that in- 
creases the punishment of a crime after it has been committed 
or makes an act a crime which was not a crime when the act 
was committed. By the terms of such a law a man might be 
punished for doing a thing that was not considered a crime in 
law at the time it was done. No such law shall be passed in 
the United States. 

Titles of Nobility. The framers of our Constitution 
understood the power and influence of a title; and they real- 
ized that many people are prone to render abject and grovel- 
ing submission to an outward and gaudy show of authority. 
It was therefore written into our Constitution that neither the 
United States nor any state should ever grant a title of nobil- 
ity. 

Exports: Duty On. Neither the United States nor any 
state shall levy an export duty. In other words, no tax shall 
be paid on any article of merchandise exported from this 
country. 

STATE RIGHTS 

Two Important Principles.— There are other restrictions put 
on both the United States and the states, but those mentioned 
are enough to illustrate two important principles of our govern- 



AND MISSISSIPPI 45 



ment: (1) That the states individually restricted the powers of 
the federal government and that the only restrictions existing 
upon a state are those made by the states themselves ; (2) that 
the federal government must look to the Constitution to see 
what it may do, and what it must do; that the states, how- 
ever, may do anything and everything which they have not 
specifically denied themselves the right to do, or have not 
specifically granted as a right to the federal government. 



OUTLINE OF CHAPTER III 

EXECUTIVE DEPARTMENT OF THE GOVERNMENT 
OF THE UNITED STATES 

a 1 Function. 

6 1 To enforce the Federal Laws. 

a 2 President and Vice-President. 

6 1 President Head of Executive Department. 
b 2 Qualifications. 

c 1 Age — 35 Years. 
c 2 Nativity — Native born. 
c 3 Residence — 14 years in the United States. 
6 3 Manner of Election. 

c 1 By Presidential Electors. 
d 1 Call for Delegates. 
d 2 Delegates chosen. 
d 3 Nominated — In the Summer. 
d 4 Electors nominated — In the Fall. 
d 5 Electors elected — In November. 
d* Electors vote — In January. 
d 7 Vote counted — In February. 
r/ 8 President inaugurated — In March. 
c 2 By House of Representatives. 
d l From three highest. 
d 2 Manner — Each State one Vote. 
d 3 Majority of all States required. 
(Note. — The Vice-President is chosen by the Senate if the 
electors fail to elect. 
b* Term — 4 Years. 
b 5 Salary— $75,000 a Year. 
6" Powers and Duties of President. 
c 1 To enforce Federal Laws. 
. c 2 To make Appointments. 



48 THE FEDERAL UNION 

c 3 To make Treaties. 

c 4 To advise Congress. 

c 5 To veto Acts of Congress. 

c 6 To convene and to adjourn Congress. 

c 7 To grant Reprieves and Pardons. 

c s To command Army and Navy. 
b 7 President's Cabinet. 
b 8 Presidential Succession. 

c 1 Vice-President. 

c 2 Seven Members of Cabinet. 
6 9 Powers and Duties of Vice-President. 

c 1 To preside over senate. 

c 2 To succeed President. 

a 3 The Departments. 

b 1 State Department. 
c 1 Secretary. 

d 1 Ambassadors. 
d 2 Ministers. 
d 3 Consuls. 
b 2 Treasury Department. 
c 1 Secretary. 

d 1 Treasurer. 

d 2 Register of the Treasury. 

d 3 Comptroller of Currency. 

d 4 Director of the Mint. 

d 5 Chief of Bureau of Printing and Engraving. 

6 3 War Department. 
c 1 Secretary. 

d 1 Quartermaster-General. 

d 2 Commissary-General. 

d 3 Paymaster-General. 

d 4 Chief of Engineers. 

d 5 West Point Military Academy. 
b 4 Department of Justice. 
c 1 Attorney-General. 

d l Solicitor-General. 

d 2 Seven Assistant Attorney-Generals. 



AND MISSISSIPPI 49 



b 5 Post Office Department. 
c 1 Postmaster-General. 

d 1 First Assistant. (New Post Offices.) 

d 2 Second Assistant. (Contracts.) 

d 3 Third Assistant. (Finance.) 

d 4 Fourth Assistant. (R. F. D. Routes.) 
6 6 Navy Department. 
c 1 Secretary. - 

d 1 Bureau of Yards and Docks. 

d 2 Bureau of Equipment. 

d 3 Bureau of Ordnance. 

d 4 Bureau of Medicine and Surgery. 

d 5 Naval Academy. 
b 7 Interior Department. 
c 1 Secretary. 

d 1 General Land Office. 

d 2 Bureau of Indian Affairs. 

d 3 Patent Office. 

d 4 Bureau of Education. 

d 5 Pension Office. 
b s Department of Agriculture. 
c 1 Secretary. 

d l Bureau of Animal Industry. 

d 2 Bureau of Plant Industry. 

d 3 Weather Bureau. 
fe 9 Department of Commerce and Labor. 
c 1 Secretary. 

d l Bureau of Corporations. 

d 2 Bureau of Labor. 

d 3 Bureau of Immigration. 

d 4 Bureau of Steamboat Inspection, 

d 5 Bureau of Fisheries. 

d 6 Census Bureau. 



CHAPTER III 

EXECUTIVE DEPARTMENT OF THE GOVERNMENT OF 
THE UNITED STATES 

FUNCTION 

To Enforce Federal Laws. — It is the function of the execu- 
tive department to enforce the laws passed by Congress. 

PRESIDENT AND VICE-PRESIDENT 

Head of Executive Department. — At the head of the execu- 
tive department is the president; in fact, for the purposes 
intended by the Constitution, he is the department itself. 

Qualifications. — No person is eligible for election as presi- 
dent or vice-president unless he is native-born, is thirty-five 
years of age, and has been for fourteen years a resident of the 
United States. 

Manner of Election. — In the spring, or early in the summer 
of the year in which a president and a vice-president are to be 
elected, the national executive committee of each political 
party sends a call for conventions to nominate delegates to a 
national convention. This call goes first to the state execu- 



52 



THE FEDERAL UNION 



tive committees; they forward it to the county executive com- 
mittees, and they in turn send the call to the beats or districts. 
Then the process begins and works back the other way. The 
beat or district holds a convention and sends delegates to the 
county convention, which in turn sends delegates to the state 
convention, and all the state conventions send delegates to 



CONVENTION 



EXECUTIVE COMMITTEE 

NATIONAL 



NATIONAL 



MAKES 
PLATFORM 



NOMINATES 



PRES. AND VICE-PRES. 5m \ ^ | JAN J ^ | „ AR> 




THE ELECTION OF PRESIDENT AND VICE-PRESIDENT 



the national convention. In this convention each state has 
twice as many votes as its whole representation in Congress. 

The national convention meets in the summer, in some city 
selected by the national executive committee, and does two 
important things: (1) It adopts a platform — that is, it pre- 
pares a formal statement setting forth the beliefs and promises 
of the party; (2) it nominates a president and a vice-president. 

After the convention has adjourned, electors, or presidential 
electors as they are sometimes called, are nominated by each 
political party in each state. The number of electors nomi- 
nated is equal to the whole number of senators and representa- 
tives in Congress from that state. In the general election, 
which is held on the first Tuesday after the first Monday in 
November, the party casting the majority of votes in any 



AND MISSISSIPPI 53 



state elects the entire set of electors in that state. Thus it will 
be seen that a president may get a majority of the popular 
vote and still not have a majority of the electoral vote. This 
has happened at least six times in our history: John Quincy 
Adams, Taylor, Buchanan, Lincoln, Hayes, and Harrison 
each received less than a majority of the popular vote. Lin- 
coln in 1860 lacked more than a million votes of having a 
popular majority. 

The electors meet at their state capitals on the second Mon- 
day in January of the following year, and cast their votes 
first for president, and then for vice-president. The result 
of the ballot in each state is sent in a sealed package to the 
president of the senate. On the second Wednesday in Feb- 
ruary these votes are opened by him in the presence of both 1/ 
houses, and are then and there counted. The person that has 
a majority of the votes of the whole number of electors for 
president is declared to be president ; and the person that has 
a majority of the votes of the whole number of electors for 
vice-president is declared to be vice-president. 

Election of President by House : Vice-President by Senate. — 

In case no one receives a majority of the electoral votes for 
president, the house of representatives immediately goes into 
the election of a president. He is selected from among the 
three persons that have received the highest number of elec- 
toral votes. In this election each state has one vote, and it 
requires a majority of all the states to elect. 

The election of J. Q. Adams will illustrate how the house 
chooses a president. Jackson, Adams, Crawford, and Clay v 
were candidates for the office; the electoral vote was; Jackson, 



54 



THE FEDERAL UNION 



99; Adams, 84; Crawford, 41; and Clay, 37. Thus, Jackson 
had a plurality, but not a majority. The election, therefore, 
devolved upon the house of representatives. Clay, being the 
lowest man, was dropped; of the three highest — Jackson, 
Adams, and Crawford — Adams received the votes of a ma- 
jority of the states and was declared elected. Of the popular 

FROM 3 HIGHEST 



PRESIDENT BY 



HOUSE OF REPRESENTATIVES 



QUORUM -% OF ALL STATES 

EACH STATE I VOTE 

MAJORITY OF ALL STATES REQUIRED 



VICE PRESIDENT BY 
SENATE 



FROM 2 HIGHEST 
QUORUM - Z A OF ALL SENATORS 
EACH SENATOR I VOTE 
MAJORITY OF ALL SENATORS 



ELECTION OF PRESIDENT BY HOUSE ; VICE-PRESIDENT BY SENATE 



vote the Jackson electors had received 155,872, while the elec- 
tors favoring Adams had received only 105,321. 

When the electors fail to choose a vice-president, it becomes 
the duty of the senate to select one from the two candidates 
that received the largest number of electoral votes. 

Term and Salary. — The term of the president and vice- 
president is four years. There is nothing in the Constitution 
to debar a man from serving more than two terms, but no 
president in our history has done so. This fact is partly due 
to the influence of Washington and Jefferson, both of whom 
refused to serve a third term. 

The salary of the president is $75,000. Other expenses inci- 



AND MISSISSIPPI 55 



dental to the office to the amount of several hundred thousand 
dollars are paid by the government. 
The salary of the vice-president is $12,000 a year. 

Powers and Duties of the President. — To Enforce Federal 
Laws. The general duty of the president, as previously 
stated, is to see that the laws of the United States are properly 
enforced. 

To Make Appointments. The president nominates, and 
with the consent of the senate, appoints the principal execu- 
tive officers of the government. Among those appointed by 
him may be mentioned ambassadors, ministers, consuls, judges 
of federal courts, cabinet officers, governors of territories, 
postmasters, etc. 

To Make Treaties. The president, with the advice and 
consent of the senate, has power to make treaties with other 
countries. 

To Advise Congress. By written communications to 
Congress, it is the president's duty to inform that body of the 
state and condition of the Union and to advise it as to needed 
legislation. 

To Veto Acts of Congress. If the president disapproves 
of any bill passed by Congress, he has the power to veto it. 
The votes of two thirds of each house are required to pass a 
bill over his veto. 

To Convene and to Adjourn Congress. On extraordi- 
nary occasions the president may convene Congress in special 
session. He has the power also to adjourn Congress when- 
ever the two houses cannot agree on a time for adjourning. 



56 THE FEDERAL UNION 

To Grant Reprieves and Pardons. The pardoning 
power of the president is conferred by the Constitution: 
" And he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of im- 
peachment." (See page 89.) 

To Command the Army and Navy. The Constitution 
says: "The president shall be the commander-in-chief of the 
army and navy of the United States." 

The President's Cabinet. — In executing the foregoing pow- 
ers the president is aided by nine great departments, each of 
which is under the direct supervision of an officer appointed 
by him. These nine men constitute the president's cabinet. 
The cabinet officers are : the secretary of state, secretary of the 
treasury, secretary of war, attorney-general, postmaster-gen- 
eral, secretary of the navy, secretary of the interior, secretary 
of agriculture, and secretary of commerce and labor. 

Presidential Succession. — In case the president dies, or if for 
any reason he is unable to discharge the duties and powers of 
his office, he is succeeded by the vice-president with the same 
duties, powers, and salary. In case of the removal, death, or 
disability of the vice-president, the first seven members of the 
cabinet mentioned in the preceding paragraph succeed to the 
presidency, and in the order named. The presidential suc- 
cession act was passed before the offices of secretary of agri- 
culture and secretary of labor and commerce had been created. 

Powers and Duties of Vice-President.— In the Constitution 
the vice-president is named as the president of the senate, and 
it is his duty to preside over the sessions of that body. He 
takes no part in its debates, and has no vote unless there is a tie, 



AND MISSISSIPPI 57 



THE DEPARTMENTS 

State Department. — The secretary of state, who is at the 
head of the state department, has charge of all business be- 
tween this government and foreign nations; he prepares trea- 
ties with other countries, conducts all correspondence with 
ambassadors, ministers, and consuls, and performs such other 
duties as are necessary to protect and advance American 
interests abroad. 

In discharging his duties, the secretary of state is aided by 
the assistant secretaries of state and by our ambassadors, 
ministers, and consuls to foreign countries. There are ten 
ambassadors, thirty-one ministers, and about eleven hundred 
consuls. The salary of an ambassador is $17,500 a year; the 
salaries of ministers range from $10,000 to $12,000 a year 
each; those of consuls, from $2,000 to $12,000. 

Treasury Department. — The secretary of the treasury, at 
the head of the treasury department, has charge of all the 
financial operations of the government. The routine work of 
the department is done by a vast army of subordinates; the 
titles and principal duties of the five most important are : 

The Treasurer has charge of the money of the United 
States. 

The Register of the Treasury takes care of the treasury 
books and signs his name on paper money. 

The Comptroller of Currency has general charge of the 
national banks. 

The Director of the Mint looks after the coining of 
money. The principal mints are located at Philadelphia, New 
Orleans, and San Francisco. 



58 THE FEDERAL UNION 



The Chief of the Bureau of Printing and Engraving 
has charge of the making of paper money, stamps, etc. 

War Department.— At the head of this department is the 
secretary of war. He has general supervision of the United 
States army. The titles and duties of four of his principal 
assistants are: 

The Quartermaster-General is entrusted with the duty 
of providing quarters for the soldiers. 

The Commissary General looks after matters relating to 
the food supply of the army. 

The Paymaster-General has charge of the army pay roll, 
and supervises the work of paying the soldiers their wages. 

The Chief of Engineers directs all the engineering work 
of the department, such as building fortifications and roads, 
the improvement of rivers, harbors, etc. 

West Point Military Academy at West Point, New York, 
is under the control of the secretary of war. In this school 
the United States government trains young men in the knowl- 
edge of war. Each senator, each congressional district and 
territory — also the District of Columbia, Porto Rico, Alaska, 
and Hawaii — is entitled to have one cadet at the Academy. 
The Philippines are allowed four in all. There are forty ap- 
pointed by the president from the United States at large. 
Each of these cadets is paid $709.50 a year by the govern- 
ment. 

Department of Justice. — At the head of this department is 
the attorney-general. His principal duties are to act as the 
legal adviser of the president and to conduct in the federal 
courts suits to which the United States is a party. In the 



AND MISSISSIPPI 



discharge of his duties he is aided by the solicitor general 
and seven assistant attorney-generals. 

Post Office Department. — Under the direction of the post- 
master-general, four assistants supervise the work of the post 
office department. One of the principal duties of each assist- 
ant will be mentioned : 

The First Assistant looks after matters pertaining to the 
establishment of new post offices. 

The Second Assistant makes the contracts for carrying 
the mails. 

The Third Assistant sees that the bills made by the de- 
partment are audited and paid. 

The Fourth Assistant attends to matters relating to the 
rural free delivery of mail. 

Navy Department. — The secretary of the navy, through a 
multitude of bureaus, directs the work of the navy depart- 
ment. The four most important of these bureaus are as 
follows : 

The Bureau of Yards and Docks attends to the yards and 
docks where warships are built and repaired. 

The Bureau of Equipment supplies the vessels with equip- 
ment needed, such as fuel, rigging, maps, charts, etc. It also 
has charge of the naval observatory. 

The Bureau of Ordnance looks after the making and 
testing of the big guns, the torpedoes, etc. 

The Bureau of Medicine and Surgery has charge of the 
eight naval hospitals, and looks after the purchase and dis- 
tribution of all medical supplies for the navy. 



60 THE FEDERAL UNION 

The Naval Academy, at Annapolis, is under the supervi- 
sion of the secretary of the navy. At this school the United 
States government trains its naval officers. Each member of 
Congress appoints two students, or midshipmen as they are 
called ; the president appoints two from the District of Colum- 
bia and five from the United States at large. The course of 
training is six years — four in the academy and two at sea. 

The United States pays to each student $600 a year. 

Interior Department. — The secretary of the interior, through 
a number of sub-officers, supervises the work of this depart- 
ment : 

The General Land Office has charge of the public lands 
belonging to the United States. It superintends the survey- 
ing and selling of these lands. 

The Bureau of Indian Affairs has general control of the 
government of the Indians; it looks after their lands, rations, 
clothing, schools, etc. 

The Patent Office attends to the granting of patents and 
copyrights. 

The Bureau of Education looks after educational inter- 
ests in the United States. 

The Pension Office directs the payment of pensions to 
soldiers and sailors entitled by law to such payment on account 
of services in the army or navy. The amount paid in pen- 
sions by the government is about $150,000,000 a year. 

Department of Agriculture. — At the head of this department 
is the secretary of agriculture. Through the agency of vari- 
ous bureaus, he promotes the agricultural welfare of the peo- 
ple. The most important of these bureaus are as follows ; 



AND MISSISSIPPI 61 



The Bureau of Animal Industry has general supervision 
of the raising of live stock. The inspection of meats and of 
live stock exported from and imported into this country is 
carried on by this bureau. 

The Bureau of Plant Industry attends to matters per- 
taining to the vegetable kingdom. It purchases and distri- 
butes various kinds of seeds, aids in the preservation of forests, 
and through experiment stations collects and publishes useful 
facts relative to farming and gardening. 

The Weather Bureau, through numerous stations, makes 
observations of the weather and publishes the results of its 
observations in the shape of " forecasts" of the approaching 
state of the weather. These forecasts have proven very valu- 
able to farmers and seamen. 

The Department of Commerce and Labor. — In performing 
the work of this department, the secretary of commerce and 
labor operates through a number of bureaus : 

The Bureau of Corporations is required to see that cor- 
porations conduct their business according to law. 

The Bureau of Labor looks after the claims of labor, and 
in a general way promotes the interests of the laboring 
class. 

The Bureau of Immigration is required to enforce the 
laws relating to foreigners coming to our shores. Its chief 
object is to exclude those that would make undesirable 
citizens. 

The Bureau of Steamboat Inspection is required to see 
that all steamboats are properly equipped to carry passengers. 

The Bureau of Fisheries looks after matters pertaining 



62 



THE FEDERAL UNION AND MISSISSIPPI 



to the fishing industry; it also has charge of the stocking of 
our inland waters with fish. 

The Census Bureau is required to take the census every 
ten years. The first census was taken in 1790; the thirteenth, 
in 1910. 



OUTLINE OF CHAPTER IV 

JUDICIAL DEPARTMENT OF THE GOVERNMENT 
OF THE UNITED STATES 

a 1 Courts. 

b l Supreme Court and other Courts established by Congress. 
b 2 Function. 

c 1 To interpret federal Laws. 
b 3 Judges. 

c 1 Appointed by President and confirmed by Senate. 
c 2 Term— During good Behavior. 
c 3 Privilege — Retire on full Pay after 70. 
b 4 Supreme Court. 

c 1 Judges, Chief Justice and 8 Associate Justices. 
c 2 Quorum. 

c 3 Session — Annually at Washington. 
c 4 Salaries— Chief, $13,000; Associates, $12,500 each. 
c 5 Jurisdiction. 
d 1 Original. 

e 1 Ministers and Consuls. 
e 2 When any State is a Party. 
d 2 Appellate — from lower Courts. 
b 5 Inferior Courts. 
c 1 District Courts. 
d 1 Judges. 

e 1 Number — One for each District. 
e 2 Salary— $6,000 a Year. 
d 2 Number of Courts — About 93. 

d 3 Jurisdiction — Original only, in all Cases not otherwise pro- 
vided for. 
d 4 Appeals — Taken to Circuit Court of Appeals or to Supreme 

Court. 
d 5 Officers. 

e 1 District Attorney. 
e 2 Marshal. 






64 THE FEDERAL UNION AND MISSISSIPPI 



c 2 Circuit Courts. 




d l 


Judges. 

e 1 Number — Two to four for each Circuit. 

e 2 Salary— $7,000 a Year. 




d 2 


Number of Courts — Nine. 




d 3 


Jurisdiction — Original only. 

e 1 Civil — Cases involving $2,000 and over. 

e 2 Criminal — All Crimes against U. S. 




d* 


Appeals — Taken to Circuit Court of Appeals 
preme Court. 


or to Su- 


d 5 


Officers. 

e 1 District Attorney. 

e 2 Marshal. 




c 3 Circuit Court of Appeals. 




d l 


Judges — Same as Circuit Courts. 




d 2 


Number of Courts — Nine. 




d 3 


Jurisdiction — Appellate only. 




d* 


Appeals — Taken to Supreme Court. 




c 4 Other Federal Courts. 


. 


d l 


Territorial Courts. 




d 2 


Courts in District of Columbia. 
e 1 Supreme Court. 
e 2 Appellate Court. 
e 3 Court of Claims. 





CHAPTER IV 

JUDICIAL DEPARTMENT OF THE GOVERNMENT OF 
THE UNITED STATES 

COURTS AND THEIR FUNCTION 

Courts: Names of. — The judicial department of our gov- 
ernment consists of a Supreme Court, established by the 
Constitution, and a number of inferior courts, established by 
Congress. The most important of the inferior courts are the 
district courts, the circuit courts, and the circuit courts of 
appeals. 

Function : To Interpret Federal Laws. — It is the function of 
the judicial department to interpret the laws in conformity 
with the Constitution. The courts cannot make laws — that 
is a legislative power; but they have the right, and it is their 
duty, to tell the meaning of laws. This they do in rendering 
decisions in particular cases or trials. 

JUDGES 

Judges: Appointment, Term, Privilege. — The judges of the 
federal courts mentioned above are appointed by the presi- 
dent, with the consent of the senate, to serve during good 



66 THE FEDERAL UNION 

behavior. Any of them may retire on full pay at 70 years of 
age, provided he has served at least 10 years before reaching 
that age. 

THE SUPREME COURT 

Organization, Quorum, Sessions, Salaries. — The Supreme 
Court is composed of one chief justice and eight associate jus- 
tices. Any six of the justices constitute a quorum — a suffi- 
cient number to transact business. 

The Supreme Court meets annually in the capitol at Wash- 
ington. It usually convenes in October and stays in session 
until the following spring. 

The chief justice receives a salary of $13,000 a year; each of 
the associate justices receives $12,500. 

Jurisdiction. — Jurisdiction is the authority by which a court 
tries suits and hears and decides legal questions that come 
before it. There are two kinds of jurisdiction: 

1. When a court has the authority to try a case at first hand, 
before any other court has tried it, its jurisdiction is said to be 
original. 

2. When a court is authorized to try a case that has been 
appealed after being tried in a lower court, its jurisdiction is 
said to be appellate. 

The Constitution gives the Supreme Court original jurisdic- 
tion in (1) all cases affecting ambassadors and other public 
ministers and consuls, and (2) those in which any state is a 
party. In practically all other cases that may properly come 
before this court, its jurisdiction is appellate. Appeals to the 
Supreme Court are either from the inferior federal courts in 



AND MISSISSIPPI 67 



the states and territories or from the supreme courts of the 
states. 

Although the Constitution does not confer upon the Su- 
preme Court the power to declare a law unconstitutional, yet 
in some instances it has exercised such power. By an ex- 
tended exercise of it, the Supreme Court, should it be so in- 
clined, could set aside all the work of both the legislative and 
executive departments of the government. The courts of no 
other government are permitted to set aside a law by declar- 
ing it unconstitutional. 

INFERIOR COURTS 

District Courts. — Congress has divided the United States 
into judicial districts, in each of which it has established a dis- 
trict court. Each state has at least one of these courts, and 
some of them have as many as four. Mississippi has two. 
Each district court is presided over by a district judge. His 
salary is $6,000 a year. 

The jurisdiction of district courts is original only; it em- 
braces (1) all criminal offenses against the United States, 
except crimes punishable by death, and (2) proceedings in 
bankruptcy and in admiralty. 

Appeals from the district courts are taken to the circuit 
courts of appeals or to the Supreme Court. 

For each district court the president, with the consent of 
the senate, appoints a district attorney and a marshal. The 
district attorney is the lawyer for the United States. The 
marshal is the sheriff or ministerial officer; it is his duty to 
carry out the orders of the court. 



THE FEDERAL UNION 



Circuit Courts. — The districts described in the preceding 
section are grouped together into nine circuits, in each of 
which a circuit court has been established. The fifth circuit 
is composed of Alabama, Florida, Georgia, Louisiana, Missis- 




THE FEDERAL COURTS 



1. Figures indicate the number of courts. 

2. The number of sides (or lines) corresponds with the number of judges 

constituting the court. 

3. Arrows indicate the course of appeals. 



sippi, and Texas. The number of judges appointed for each 
circuit varies from two to four, any one of whom may hold 
court. 

Each of the nine Supreme Court justices is given general 
oversight of a circuit. It is his duty to assist and advise the 
judges in that circuit and to attend a term of its court at least 
once in two years. 



AND MISSISSIPPI 



The salary of a circuit court judge is $7,000 a year. 

A circuit court has original jurisdiction in civil cases that 
may properly come before the federal courts, in which the 
amount involved is $2,000 or more. It also has jurisdiction 
to try all cases of criminal offenses against the United States 
including those punishable by death. 

Appeals from the circuit courts are taken to the circuit 
courts of appeal or to the Supreme Court. 

The district attorney and marshal are officers of the circuit 
court when held in their district. 

Circuit Courts of Appeals. — To relieve the Supreme Court, 
which had come to be overburdened with business, Congress 
established in each of the nine circuits of the United States a 
circuit court of appeals. The jurisdiction of this court is ap- 
pellate only. Most cases appealed from the circuit and dis- 
trict courts are taken to the circuit courts of appeals. Its de- 
cision is final in some cases, and in others there is the right of 
appeal to the Supreme Court. 

There are no judges appointed to this court. In establish- 
ing the court it was provided that the circuit judges within 
each circuit, the Supreme Court justice of the circuit, and the 
several district judges were competent to sit as judges. Any 
two of the circuit judges, however, constitute a quorum for the 
transaction of business. But no judge shall hear a case in the 
court of appeals if he has tried the same case in a lower court. 

Other Federal Courts. — Territorial Courts. In the ter- 
ritories of New Mexico and Arizona Congress has established 
territorial courts. In New Mexico the court consists of a chief 
justice and six associate justices; in Arizona, ic consists of a 



70 THE FEDERAL UNION AND MISSISSIPPI 

chief justice and four associate justices. These justices are 
appointed by the president. They hold office for four years. 

Courts in District of Columbia. In the District of 
Columbia there are two principal courts, a supreme court con- 
sisting of six justices and an appellate court consisting of 
three justices. These courts try originally, or by appeal, 
most of the cases that arise in the District of Columbia. 

Court of Claims. The court of claims consists of a chief 
justice and four associate judges. It is the duty of this court 
to investigate claims against the United States. No one can 
sue the government, but if a person has a claim against it, he 
is permitted to present it before this court. If the claim is 
found to be just, the court recommends to Congress that it be 
paid. Congress pays the claim only as it sees fit. 



OUTLINE OF CHAPTER V 

THE STATES AND THE FEDERAL UNION 

Admission of States. 
b 1 Resolution of 1780. 
b 2 Ordinance of 1787. 
b 3 State and Territory. 
6 4 Process of Admission. 

c 1 Memorial sent to Congress. 

c 2 Enabling Act passed. 

c 3 Constitution written. 

c 4 Constitution submitted to President. 

c 5 President issues Proclamation. 
b 5 Special Cases. 

State and Federal Relations. 

b 1 State Sovereignty — Evidences of. 

c 1 Secession from Great Britain. 

c 2 Second Treaty of Paris. 

c 3 Articles of Confederation. 

c 4 Making the Constitution. 

c 5 Ratifying the Constitution. 

c 6 Amendments. 

c 7 Election of President and Vice-President. 

c 8 Apportionment of Representatives. 

c 9 Each State two Senators. 

c 10 Federal Troops at Request of State. 
b 2 Scope and Function of Federal Government. 
b 3 State and Federal Governments Distinct. 

State and Federal Taxation. 
b 1 Methods of. 

c 1 Direct for the State. 

c 2 Indirect for the United States. 



CHAPTER V 

THE STATES AND THE FEDERAL UNION 

ADMISSION OF STATES 

Resolution of 1780. — Before the formation of the Union 
the states were unwilling for the federal government to have 
unlimited control of the unorganized territory. They insisted 
that this territory should be allowed to come into the Union as 
states. In 1780 the Continental Congress passed a resolution 
guaranteeing that this land should be "held for the common 
benefit of all, and be erected into republican states, which shall 
become members of the federal union." 

The Ordinance of 1787. — The Ordinance of 1787, prepared 
by Thomas Jefferson and passed by the Continental Congress 
in 1787, provided how the Northwest territory should be gov- 
erned. Among other things it was set forth in this ordinance 
that the territory should be kept free from slavery; that there 
should be freedom of religion; that education should be en- 
couraged and that the civil liberty of the inhabitants should 
be guaranteed. 

The principles laid down in the Ordinance of 1787 have since 
served as the basis for the government of all the territories. 

State and Territory. — A territory naturally wishes to become 
a state, because as such it has larger liberties and more com- 
plete home rule. In a state the entire government is in the 



74 THE FEDERAL UNION 

hands of the state itself; in a territory, however, " the governor 
and the administrative and judicial officers are appointed by 
the president; but a territorial legislature is entrusted with 
limited powers, subject to the approval of Congress." 

Each territory has a delegate in Congress, who may speak on 
any subject, but is not allowed to vote. 

Process of Admission. — The process of admitting a territory 
as a state is usually as follows : 

1. The territory, wishing to come into the Union, memorial- 
izes Congress — that is, sends to Congress a written request 
that it be admitted as a state. 

» 2. Congress discusses this request, and if it is willing to do 
so, passes an " Enabling Act." This act authorizes the terri- 
tory to call a convention and write a Constitution. In this 
act the power to approve or reject the Constitution is usually 
granted to the president. 

3. The territory then elects delegates to a territorial con- 
vention, and these men write a Constitution. 

4. The Constitution is then submitted to the president. If 
it is satisfactory to him, he issues a proclamation that the 
territory has been admitted as a state. 

Special Cases. — The Constitution says: "No new state 
shall be formed or erected within the jurisdiction of any other 
state." This provision was put in to prevent the federal gov- 
ernment from trying to control a state by threatening its ex- 
istence. It says further: " Nor shall any state be formed by 
the junction of two or more states or parts of states, without 
the consent of the legislatures of the states concerned." The 
following are some cases affected by these provisions : 



AND MISSISSIPPI 75 



(1) Vermont was claimed by both New York and New 
Hampshire; both consented to its admission. (2) Kentucky 
was a part of Virginia and became a state with the consent of 
Virginia. (3) Maine was a part of Massachusetts and became 
a state with the consent of Massachusetts. (4) West Virginia 
was a part of Virginia and became a state without Virginia's 
consent. The 45 counties constituting West Virginia, after 
seceding from Virginia, were recognized by the United States 
and received into the Union in 1863. Armies were then sent 
from seceding West Virginia to drive seceding Virginia back 
into the Union. 



STATE AND FEDERAL RELATIONS 

State Sovereignty. — The relation between the state and the 
federal government may be stated in a sentence: The states 
may rightfully exercise all powers they are not specifically for- 
bidden to exercise, and the federal government may exercise 
only those delegated to it by the states. Many facts could be 
brought forward to show the supremacy of the state; of these 
facts the most important are: 

1. As separate and distinct units the states seceded from 
Great Britain. 

2. The second treaty of Paris acknowledged the independ- 
ence of thirteen separate states. 

3. The Confederation was entered into by separate and sov- 
ereign states, singly and at different times; they also seceded 
from it singly and at different times. 

4. The Constitution was written by the states; every indi- 



76 THE FEDERAL UNION 

vidual provision of it was inserted by a vote of the states, each 
state represented having one vote. 

5. It was ratified by the states and became operative only 
by their ratification, and was binding then only upon the 
states so ratifying. 

6. Amendments can be ratified by states only. 

7. The president and vice-president are elected by the 
states, not by the people of the United States. 

8. Representatives in Congress are apportioned to the states, 
not to the United States. 

9. Each state is represented by two senators, regardless of 
its size or population. 

10. Under one condition only may the president send troops 
into the state, namely, at the request of the state that he do 
so. This invitation may be extended by the governor of the 
state, if the legislature is not in session; otherwise it is ex- 
tended by the legislature itself. The violation of this privi- 
lege and security of the state is forbidden by the Constitution. 

Scope and Function of Federal Government. — As has been 
said, the federal government may rightfully exercise only 
those powers delegated to it by the states. The states consti- 
tuted it to act as their agent in dealing with foreign countries, 
and this is its principal function. It has little to do with the 
individual citizen at home — this is a function of state govern- 
ment. 

There are only about ten offenses that a citizen can commit 
against the United States. These are treason, piracy, coun- 
terfeiting, smuggling, offenses against the postal laws, viola- 
tions of patents, copyrights and revenue laws, and interfering 
with interstate commerce. 



AND MISSISSIPPI 77 



State and Federal Governments Distinct. — It has been shown 
that each governmental unit, state and federal, has its own 
function. The scope of each is separate and distinct. The 
purpose of the founders of the Union was that they should 
remain separate and distinct. Whenever this distinction has 
been preserved and respected, all things have gone well. A 
disregard of it has always resulted in injustice and disaster. 

STATE AND FEDERAL TAXATION 

Methods of Taxation. — There are two methods of taxation — 
direct and indirect. The state uses the direct method; its 
principal revenue is derived from taxing real and personal 
property according to its value. Such taxes are paid directly 
to the state by the owner of the property. The United States 
uses the indirect method — it taxes the people indirectly by the 
enforcement of the tariff and internal revenue laws. To illus- 
trate how taxes are paid indirectly: A suit of clothes that 
now cost $33.40 could probably be bought for 120.00 if there 
were no tariff on cloth. The buyer pays the $33.40, as he 
thinks this to be the fair value of the suit; if the cloth was 
made in this country, however, the extra $13.40 goes to the 
manufacturer, practically as a gift from the consumer; if it 
was made abroad and imported, the excess over $20.00, less 
the cost of collection, goes into the federal treasury. A simi- 
lar statement could be made in regard to practically every- 
thing on which an import tax is levied. 



OUTLINE OF CHAPTER VI 

MISCELLANEOUS PROVISIONS OF THE GOVERNMENT 
OF THE UNITED STATES 

Amendments. 
b l Method. 

c 1 Proposing. 

d 1 By Congress — Two thirds of both Houses. 

d 2 By States — Two thirds of State Legislatures. 
c 2 Ratifying — Three fourths of the States. 
b 2 List of Amendments. 

c 1 First Ten— Bill of Rights. 

c 2 Eleventh — Secures State against Suit of Citizen. 

c 3 Twelfth — Provides for Election of President. 

c 4 Thirteenth — Abolished Slavery. 

c 5 Fourteenth. 

d 1 Defined Citizen. 

d 2 Disfranchised Whites. 

d 3 Enfranchised Negroes. 

d 4 Established Federal Pensions. 

d 5 Validated Northern War Debt. 

d 6 Invalidated Southern War Debt. 
c 6 Fifteenth — Guaranteed Negroes Right to Vote. 

Checks and Balances among Departments — Introductory. 
b 1 Senate — House. 

c 1 Fail to concur. 
b 2 House — Senate. 

c 1 Originate Bills of Revenue. 

c 2 Fail to concur. 

6 3 Legislative — Executive. 

c 1 Fail to appropriate Money. 

c 2 Impeachment. 

c 3 Senate fail to confirm. 

6 4 Legislative — Judicial. 

c 1 Establish or abolish inferior Courts. 
c 2 Remove from Jurisdiction of Court. 
c 3 Impeach Judges. 



80 THE FEDERAL UNION 

b 5 Executive — Legislative. 

c 1 Veto Bills. 

c 2 Call Extra Session of Congress. 

c 3 Adjourn Congress. 
b 6 Executive — Judicial. 

c 1 Appoint Judges. 

c 2 Grant Pardons and Reprieves. 
b 7 Judicial — Legislative. 

c 1 Invalidate a Law by Interpretation, 

c 2 Thwart Operation of Law by Injunction. 

c 3 Change Constitution by Construction. 
b s Judicial — Executive. 

c 1 Enjoin the Execution of the Law. 

c 2 Impeachment. 

a 3 Impeachment. 

b 1 Basis and Procedure. 

c 1 Charge brought — By House of Representatives. 
c 2 Charge tried — By Senate. 
c 3 Historical Illustrations. 

a 4 Naturalization. 

6 1 Power granted to Congress. 

b 2 Requirements made by Congress. 

c 1 Declare Intention. 

c 2 Renounce Allegiance. 

c 3 Swear Allegiance to United States. 

c 4 Minimum of Residence — 5 years. 

c 5 Between Appearances in Court — 2 years, 
b 3 Restoration of former Citizenship. 

a 5 Copyrights and Patents. 
b 1 Copyrights. 

c 1 How Secured. 

c 2 Nature and Value of. 
b 2 Patents. 

c 1 How Secured. 

c 2 Nature and Value of. 



AND MISSISSIPPI 81 



Treason. 

b l Definition. 

c l Levying War against the United States. 

c 2 Aiding Enemies of the United States. 
b 2 Conviction for. 

c 1 Two Witnesses to Same Overt Act. 

c 2 Confession in Open Court. 
b 3 Punishment for. 

c 1 Fixed by Lav 

Vacancies. 

b 1 In House of Representatives — By Election. 

b 2 In Senate — By Appointment and by Legislature. 

b 3 President — By Succession. 

b 4. All Others of importance — By Appointment. 



CHAPTER VI 

MISCELLANEOUS PROVISIONS OF THE GOVERNMENT 
OF THE UNITED STATES 

AMENDMENTS TO THE CONSTITUTION 

Method of Amendment. — The Constitution itself states defi- 
nitely how it may be amended. There are two steps: (1) The 
amendment must be legally proposed; (2) it must be ratified. 

Proposing. An amendment may be proposed in either of 
two ways: (1) By Congress, whenever two thirds of both 



.proposed/ bycongress \ ^required 

N f BY STATES / 
RATIHED-BY STATES ALONE- ^REQUIRED 

METHOD OF AMENDING THE FEDERAL CONSTITUTION 

houses shall deem it necessary; (2) by the states, if the legis- 
latures of two thirds of them desire to do so. 

Ratifying. After the amendment has been legally pro- 
posed, there is only one power by which it may be ratified, 
namely, by the states. The states may do this through their 
legislatures or through conventions, as may be determined by 



84 THE FEDERAL UNION 

Congress. By either method the consent of three fourths of 
the states is required. 

To summarize: It requires two thirds of the states to pro- 
pose an amendment; three fourths, to ratify. 

First Ten Amendments. — Although there is no formal Bill 
of Rights in the Constitution, the first ten amendments are in 
the nature of one. All of them deal with the personal rights 
and privileges of the citizen, or the rights of the states as dis- 
tinguished from those of the federal government. 

The First Amendment guarantees freedom — freedom as 
to five important things: (1) Religion, (2) speech, (3) press, 
(4) assembly, (5) petition. Congress shall make no law 
abridging the freedom of the people in any of these particulars. 

The Second Amendment guarantees the right of the people 
to keep and to bear arms. 

The Third Amendment forbids the quartering of soldiers 
on private property without the consent of the owner. 

The Fourth Amendment secures people, their houses, 
papers, and possessions from unreasonable search or seizure. 

The Fifth, Sixth and Seventh Amendments guarantee 
to every person speedy, open, and fair trial in court. 

The Eighth Amendment forbids the requirement of ex- 
cessive bail, or the infliction of cruel or unusual punishment. 

The next two amendments fix, clearly and definitely, the 
relation between the federal government on the one hand, and 
the states and people on the other : 

The Ninth Amendment says: "The enumeration in the 
Constitution of certain rights shall not be construed to deny or 
disparage others retained by the people." In other words, it 



AND MISSISSIPPI 85 



explains that the states had already enumerated in the written 
Constitution all the powers that they wished the federal gov- 
ernment to have. 

The Tenth Amendment is in its nature and intention very 
much like the Ninth. It says : " The powers not delegated to 
the United States by the Constitution, nor prohibited by it to 
the states, are reserved to the states respectively, or to the 
people." The amendment seeks to make perfectly plain that 
the federal government possesses only such powers as were 
delegated to it by the state; that it has no inherent power, but 
that it is the agent for the states; that the states are not to 
look in the Constitution to find what they may do, but only to 
find what they themselves have denied themselves the right 
to do. 

Eleventh, Twelfth and Thirteenth Amendments. — The 

Eleventh Amendment secures a state from being sued in a 
federal court by a citizen of another state or of any foreign 
country. It thus recognizes the sovereignty of the states. 
States, however, may sue each other, for they have equal 
dignity. 

The Twelfth Amendment. The Constitution originally 
provided that the presidential electors cast their ballots for 
two men, without indicating which was for president and 
which for vice-president ; the candidate receiving the highest 
number of votes was declared president, and the next highest, 
vice-president. The defect of this plan, which was seen in the 
election of Jefferson, was removed by the passage of the 
Twelfth Amendment. 

The Thirteenth Amendment abolished slavery. 



THE FEDERAL UNION 



Fourteenth and Fifteenth Amendments. — The Fourteenth 
Amendment contains a number of provisions, the most im- 
portant of which are : 

(1) It defined citizenship : " All persons born or naturalized 
in the United States and subject to the jurisdiction thereof, are 
citizens of the United States, and of the state wherein they 
reside." Up to the time of the passage of this amendment the 
question of citizenship had been left with the individual states. 

(2) It disfranchised the white people of the South. 

(3) It enfranchised the negroes. 

(4) It instituted the payment of pensions, making it unlaw- 
ful even to question their validity. 

(5) It made it unlawful to question the validity of the 
Northern war debt. 

(6) It forced the repudiation of the Southern war debt. 
The ratification of this amendment was obtained by force 

and fraud. 

The Fifteenth Amendment guaranteed to the negro the 
right to vote. This amendment also was fastened on the 
Constitution by force and fraud. 

CHECKS AND BALANCES AMONG DEPARTMENTS 

Introductory. — The powers of our government are said to be 
lodged in three separate and distinct departments. This, 
however, is not strictly true. As a matter of fact each depart- 
ment encroaches to some extent on both the othefs, and thus 
checks and balances their powers. 

Senate — House. — The senate may check the house of rep- 
resentatives by failing to concur in a bill that has passed 



AND MISSISSIPPI 87 



that body. The beginning of a bill originating in the house 
reads: "Be it enacted by the house of representatives, the 
senate concurring, etc." 

House — Senate. — The house of representatives may check 
the senate in two ways : 

(1) The house has exclusive power to originate all bills for 
revenue. If the house should decline to introduce such a bill, 
the senate would be entirely powerless in the matter. 

(2) The house may exercise its privilege of failing to concur 
in a bill passed by the senate. Should a bill pass the senate 
unanimously, it would be dead unless the house concurred in 
its passage. 

Legislative — Executive. — The legislative department can 
check the executive: 

(1) By failing to appropriate money. As money cannot be 
drawn from the treasury unless it has been appropriated by 
Congress, the executive work of the government could not be 
done should Congress fail to make the necessary appropriation. 

(2) The president is subject at all times to impeachment 
and removal at the hands of Congress. 

(3) The senate may check the executive by failing to ratify 
the action of the president in matters of appointment, trea- 
ties, etc. 

Legislative — Judicial. — (1) The legislative department ex- 
ercises a vast power in the creation of inferior federal courts. 
It has the power also to abolish all of them. 

(2) Congress may remove any given case from the jurisdic- 
tion of a court. We had illustrations of this during the re- 



88 THE FEDERAL UNION 

construction period: in some instances, even while the case 
was being tried, Congress hastened to pass a law that removed 
it from the jurisdiction of the court. 

(3) The federal judges are at all times subject to impeach- 
ment and removal by Congress. 

Executive — Legislative. — (1) The strongest check the exec- 
utive department has on the legislative is the veto power. 
Should 75,000,000 people speak their will through Congress, 
it would take the combined voice of 50,000,000 of them to 
drown that of the president. Any act of Congress may be 
killed by his veto unless it is repassed by the affirmative vote 
of two thirds of each house. 

(2) The president may at any time call an extra session of 
Congress. 

(3) He may adjourn Congress when the house and senate 
fail to agree upon a time to adjourn. 

Executive — Judicial. — The executive department exercises 
a vast influence on the judicial in that (1) it appoints the 
judges. In the exercise of this power, the president might 
appoint men to the bench who would voice his sentiments and 
opinions. 

(2) After the court has convicted and sentenced a criminal, 
the president may reprieve or pardon him. 

Judicial — Legislative. — The judicial department may influ- 
ence the legislative in several ways : 

(1) It may give a law made by Congress a meaning entirely 
different from that intended. 

(2) It may thwart the operation of law by exercising its 
power of injunction. In other words, the court may com- 



AND MISSISSIPPI . 89 



mand a party to do or to refrain from doing certain acts until 
the question at issue is decided by the court. 

(3) It may change the very basis of all lawmaking by incor- 
rect or arbitrary construction of the Constitution. 

Judicial — Executive. — The judicial department may check 
the executive in at least two ways : 

(1) By enjoining the execution of a law. The law may be 
plain and the executive may undertake to enforce it, but the 
court may by injunction delay or defeat its execution. 

(2) When the president is tried on an impeachment, the 
chief justice of the Supreme Court acts as president of the 
senate. Of course, his rulings might have much to do with 
the outcome of the case. 



IMPEACHMENT 

Basis and Procedure. — The basis of impeachment is thus set 
forth in the Constitution: "The president, vice-president, 
and all civil officers of the United States shall be removed from 
office on impeachment for and on conviction of treason, brib- 
ery, or other high crimes and misdemeanors." For any of 
these crimes the house of representatives may bring charges 
against any officer of th& government subject to impeachment 
— and such officers are all civil officers of the United States 
except members of Congress. 

When such charges have been made by the house, the senate 
sits as a court of justice and decides whether the officer charged 
or impeached by the house is innocent or guilty. The affirma- 
tive vote of two thirds of the members present is required to 



90 THE FEDERAL UNION 

convict. An officer thus convicted is removed from office 
and debarred from holding office. 

When the president of the United States is impeached, the 
chief justice of the Supreme Court presides over the senate 
when the case is tried. 

Impeachment of President Johnson and Others. — Only one 
president, Andrew Johnson, has ever been impeached, and he 
was not convicted. Of the fifty-four senators present, thirty- 
five voted that he was guilty and nineteen voted that he was 
not guilty. As the affirmative vote was one less than the re- 
quired concurrence of two thirds of the senators present, he 
was acquitted. 

Several federal judges have been impeached and convicted. 
One cabinet officer has been impeached, but he was not con- 
victed. 

NATURALIZATION 

Power Granted to Congress. — Foreigners who come to this 
country to live can become citizens by a process of " naturali- 
zation." The Constitution gives to Congress power to estab- 
lish a "uniform rule of naturalization." This means that the 
requirements for making foreigners citizens of this country 
must be uniform in every state and territory. 

Requirements Made by Congress. — Congress has provided 
the following process of naturalization: (1) The applicant for 
citizenship must declare before some court of record that he 
intends to become a citizen of the United States and that he 
renounces his allegiance to any and every foreign country. 
(2) Not less than two years after this declaration, he must 



AXD MISSISSIPPI 91 



prove in court by two witnesses, that he is a man of good char- 
acter and that he has lived in the United States at least five 
years. He again renounces before the court his allegiance to 
the country from which he came and swears that he will sup- 
port the Constitution of the United States. 

From the foregoing it is obvious that if a foreigner makes 
his declaration within three years after he arrives, he may, at 
the end of five years from the time of his arrival, become a 
citizen of the United States. 

The naturalization of the father carries with it the naturali- 
zation of his wife and minor children. 

According to the terms of the treaties with most countries, 
a foreigner may resume his former citizenship by going back 
and living two years in his native land. 



COPYRIGHTS AND PATENTS 

Copyrights. — Under the authority granted by the Constitu- 
tion Congress has enacted that a copyright may be secured on 
any kind of original composition, book, map, photograph, 
lecture, engraving, or the like. A copyright gives its owner 
the sole right to dispose of his production for a period of 
twenty-eight years, with the privilege of renewing this right 
for an additional period of twenty-eight years. Full informa- 
tion as to the necessary steps to be taken will be furnished by 
the librarian of Congress, at Washington, D. C, upon request. 

The cost of securing a certificate of copyright is SI. 00. 

Patents. — Congress has also enacted that patents may be 
granted to original inventors. To secure a patent the appli- 



92 THE FEDERAL UNION 

cant must swear that he believes himself to be the original in- 
ventor, and he must give a minute description of his inven- 
tion; if it is at all complicated, he must also furnish a working 
model to the commissioner of patents. To be patentable the 
invention must be new, unused, and useful. 

The cost of patents varies greatly. Some of them can be 
secured for a comparatively small sum; others cost hundreds 
and even thousands of dollars. A patent lawyer is usually 
employed, especially if the patent is considered very valuable, 
and his fee must be paid in addition to that charged by the 
governmnet. 

A patent gives the inventor exclusive control of the patented 
article for seventeen years. During this time he can charge 
for the article any price he chooses : no one else can manufac- 
ture it and undersell him. 

Detailed information in regard to securing patents will be 
furnished by the commissioner of patents, at Washington, 
upon request. 

TREASON 

Defined in Constitution. — In olden times it was the custom 
to put political enemies out of the way by charging them with 
treason for the most insignificant offenses, and by convicting 
them upon the most flimsy evidence. To prevent such injus- 
tice, treason was defined in the Constitution: " Treason 
against the United States shall consist only in levying war 
against them, or adhering to their enemies, giving them aid 
and comfort." Either of these offenses is treason, and nothing 
else is. 



AND MISSISSIPPI 93 



Conviction. — There are only two ways in which a person 
can be convicted of treason: (1) By the testimony of two wit- 
nesses to the same overt act. Overt means open, actual — not 
one that is simply contemplated or talked about; for example, 
plotting to overthrow the government is not treason (2) By 
confession in open court. Even if a traitor were willing to 
confess his crime, he must make his confession in open court 
before he is liable to punishment. 

Punishment. — The punishment for treason is fixed by law, 
and may extend to the execution of the criminal. 

VACANCIES IN OFFICE 

In House of Representatives. — If a vacancy occurs in the 
house of representatives, the governor of the state concerned 
issues a writ of election directing the voters in the district in 
which the vacancy exists to elect a man to fill the place. 

In Senate. — If a vacancy occurs in the senate, the legisla- 
ture of the state concerned, if it happens to be in session, 
chooses a man to fill the place. If the legislature is not in ses- 
sion (and for the most of the time it is not), the governor of 
the state appoints a senator, who holds office till the next 
meeting of the legislature. 

In Presidency and Other Offices. — It has already been shown 
how the office of the president is filled in case of a vacancy. 
(See page 56.) All other vacancies in federal offices of im- 
portance are filled by the president. 



CIVIL GOVERNMENT OF MISSISSIPPI 



OUTLINE OF CHAPTER VII 

HISTORICAL INTRODUCTION 

a 1 The Four Constitutions of Mississippi — When adopted. 
b 1 Constitution of 1817. 

c 1 Convention. 

c 2 Principal Provisions. 

c 3 Prominent Makers. 
b 2 Constitution of 1832. 

c 1 Convention. 

c 2 Principal Provisions. 

c 3 Prominent Makers. 
b 3 Constitution of 1869. 

c 1 Convention. 

c 2 Ratification. 

c 3 Important Changes. 
6 4 Constitution of 1890. 

c 1 Convention. 

c 2 Chairmen of Committees. 

c 3 Prominent Members. 
o 5 Method of Amendment. 



CHAPTER VII 

HISTORICAL INTRODUCTION 

THE FOUR CONSTITUTIONS OF MISSISSIPPI 

When Adopted. — Mississippi's present Constitution is the 
fourth one the state has had. The first one was adopted in 
1817, the second in 1832, the third in 1869, and the present one 
in 1890. 

Constitution of 1817. — The first Constitution was made by 
forty-seven delegates representing the fourteen counties which 
then formed the state. 

The convention met in the town of Washington and held its 
sessions in the Methodist church, for the use of which one hun- 
dred dollars was paid. It is interesting to note in this connec- 
tion that one provision of the Constitution was that no minis- 
ter of the gospel should become governor or a member of the 
legislature. 

Under this Constitution the governor and lieutenant gov- 
ernor were elected by the people; the other state officers were 
elected by the legislature. 

The governor and lieutenant governor, among other quali- 
fications, were required to own 600 acres of land or real estate 
valued at $2,000. A property qualification was also required 
of each member of the legislature; he was not required, how- 



100 THE FEDERAL UNION 

ever, to own as much property as the governor or lieutenant 
governor. 

The regular term of all state officers, except judges, was 
made two years; it was provided that judges could hold office 
for life. 

Some of the prominent makers of this Constitution were : 
David Holmes, president of the convention, George Poindex- 
ter, Walter Leake, Gerard C. Brandon, and Abram Scott. 
Each of these in turn became governor of the state; the last 
named was governor when the second Constitution was 
adopted. 

Constitution of 1832. Delegates from twenty-six counties 
wrote the second Constitution. These delegates met in con- 
vention on September 10, 1832, and adjourned October 28th 
of that year. 

Some of the principal provisions of the first Constitution 
were changed: (1) The property qualification for holding office 
was removed; (2) holding office for life was prohibited; (3) traf- 
fic in slaves from without the state was forbidden; (4) the 
office of lieutenant governor was abolished; (5) the prohibi- 
tion against the holding of office by preachers was removed. 
An important feature not contained in the first Constitution 
was the provision for a judicial system consisting of a high 
court of errors and appeals and of inferior courts. 

P. Rutilius R. Pray was president of the convention that 
wrote the Constitution of 1832. Among the other prominent 
members were Gerard C. Brandon, who had been a delegate to 
the convention in 1817, and who had since been governor 
under it; Charles Lynch and John A. Quitman, who later be- 
came governors of the state. 



AND MISSISSIPPI 101 



Constitution of 1869. — The Constitution of 1869 was written 
by the notorious " Black and Tan" convention in 1868. This 
convention assembled in obedience to a military order issued 
by General Ord, who was then military governor of Mississippi. 
The delegates to the convention have been classified as follows : 
19 democrats, 30 scalawags, 

19 carpetbaggers, 17 negroes. 

B. B. Eggleston, popularly known as " Buzzard" Eggleston, 
was made president. His salary was fixed at $20 a day and 
40 cents mileage. The other delegates received $10 a day with 
the same mileage as the president. The convention was in 
session 115 days and cost the state about $250,000. 

The Constitution, having been written, was submitted to 
the people in June, 1868, for ratification. It was rejected by 
a vote of 63,860 to 55,231. The following year, after a num- 
ber of its most objectionable provisions had been omitted, it 
was re-submitted to the people and ratified. 

Some of the important changes made were: (1) Probate 
court was abolished, and its business was given to the chan- 
cery court; (2) the office of lieutenant governor was reestab- 
lished; (3) the term of office for state officers was made four 
years; (4) a state system of public schools was provided for; 
(5) the office of state superintendent of education was estab- 
lished. 

Constitution of 1890. — A convention of 134 delegates, with 
S. S. Calhoun as president and Robert E. Wilson as secretary, 
met and organized in 1890 and wrote the present Constitution. 

The following were the committees with the name of the 
chairman of each: Legislative, H. M. Street; Judicial, Wiley 



102 THE FEDERAL UNION AND MISSISSIPPI 

P. Harris; Executive, W. G. Yerger; Franchise, R. C. Patty; 
Bill of Rights, Edward Mayes; Militia, Gen. W. S. Feather- 
ston; Education, Gen. S. D. Lee; Corporations, H. L. Mul- 
drow; Temperance, J. B. Chrisman; Convicts, R. A. Dean. 

Among the prominent members of this convention may be 
mentioned J. L. Alcorn, Gen. J. Z. George, and A. J. McLaurin. 
Alcorn had been a member of the United States senate, George 
was at the time a member of that body, and McLaurin was 
afterwards elected to it. 



proposed/ ^~ of each house 

^ ON 3 SUCCESSIVE DAYS 



ADVERTISED A BY SECRETARY OF STATE 
AMENDMENT/ ~^ fo FOR 3 MONTHS 



ADOPTED /~~ BY VOTERS 

MAJORITY OF ALL VOTING 



INSERTED BY SUCCEEDING LEGISLATURE 

METHOD OF AMENDING STATE CONSTITUTION 

Method of Amendment. — The various steps necessary to 
amend the Constitution are clearly and graphically presented 
in the accompanying diagram. 



OUTLINE OF CHAPTER VIII 

LEGISLATIVE DEPARTMENT OF THE GOVERNMENT 
OF MISSISSIPPI 

Function. 

b 1 To make Laws. 

Organization and Structure. 
b 1 House and Senate. 

c 1 House of Representatives. Sec. of 

d 1 Members. Const. 

e 1 Qualifications 41 

e 2 Eligibility 43, 44, 45 

e 3 Manner of Election 34 

e 4 Oath 40 

e 5 Salary 36, 46 

e 6 Term 34 

e 7 Privilege and Restriction 47, 48 

e 8 Number and Apportionment 254 

d 2 Officers 38 

e 1 Speaker. 
e 2 Clerk. 

e 3 Sergeant-at-arms. 
e 4 Minor Officers. 
c 2 Senate. 

d 1 Members. 

e 1 Qualifications 42 

e 2 Eligibility 43, 44, 45 

e 3 Manner of Election 35 

e 4 Oath 40 

e 5 Salary 36, 46 

e 6 Term 35 

e 7 Privilege and Restriction 47, 48 

e 8 Number and Apportionment 255 



104 THE FEDERAL UNION AND MISSISSIPPI 

Sec. of 

Const. 

d 2 Officers 38, 39 

e 1 President. 

e 2 President pro tempore. 

e 3 Secretary. 

e 4 Other Officers. 

a 4 Special Powers of the House and Senate. 

o 1 Powers of the House 38, 49, 55, 58, 140, 141 

b 2 Powers of the Senate : 38, 49, 55, 58, 145 

a 5 Making a Law. 

b 1 Definition and Origin of Bill 59 

b 2 Style and Title of Bill 56, 71 

o 3 Passage of Bill 59, 74, 78 

b 4 Precautions and Restrictions in Lawmaking 59-74 

c 1 Bill referred to appropriate Committees 74 

c 2 Read on three different Days 59 

c 3 No Amendment changing Purpose or Meaning „ 60 

c 4 Read just before final Vote 59 

c 5 Signed in open Session 59 

c 6 Subject to Reconsideration 65 

c 7 No new Bills during last three Days 67 

c 8 No Bills approved when Legislature not in Session . . 72 



CHAPTER VIII 

LEGISLATIVE DEPARTMENT OF THE GOVERNMENT OF 

MISSISSIPPI 

FUNCTION 

To Make Laws. — It is the function of the legislative depart- 
ment to make laws for the government of the state. The 
power to make such laws is vested by the Constitution in the 
legislature. 

ORGANIZATION AND STRUCTURE 

House and Senate. — The legislature is composed of a house 
of representatives and a senate. The legislature is required 
to meet at the capitol every two years on Tuesday after the 
first Monday in January. 

Qualifications of Members. — There are four necessary quali- 
fications of a member of the house of representatives: (1) He 
must be at least twenty-one years old ; (2) he must be a quali- 
fied voter of the state ; (3) he must have been a resident citizen 
of the state for at least four years immediately preceding his 
election ; (4) he must have been a resident citizen of his county 
for at least two years immediately preceding his election. 

Three qualifications are required of a senator: (1) He must 
be at least twenty-five years old; (2) he must have been a 



106 THE FEDERAL UNION 

qualified voter of the state for four years; (3) he must have 
been an actual resident of the district from which he was 
chosen for two years before his election. 

Eligibility of Members. — According to the Constitution a 
person is ineligible to become a member of the legislature — 

1. If he is liable as principal for public moneys that he can- 
not account for. 

2. If he has been convicted of bribery in any form, or of 
perjury, or other infamous crime. 

3. A member of the legislature is ineligible to hold another 
office which has been created since he was elected, or the 
emoluments of which have been increased, unless he is elected 
to such office by a vote of the people. 

Manner of Election. — The representative is elected by the 
direct vote of the voters in his county or district. 

There are two classes of representatives in Mississippi: (1) 
A county representative, and (2) a "floatorial, or floater," 
representative. The county representative is elected by the 
voters of his county; the " floatorial" representative, or 
floater, is elected by the voters of the two counties that com- 
pose his district. (See Constitution, Section 254.) 

A senator is elected by the voters of his district. A sena- 
torial district may be a single county, or two or more counties 
joined together. (See Constitution, Section 255.) 

Oath. — Each member of the legislature, before taking his 
seat, is required to take an oath or affirmation — 

1. That he will support the state and federal constitutions. 

2. That he is not disqualified by the Constitution of Missis- 
sippi from holding office. 



AND MISSISSIPPI 107 



3. That he will faithfully discharge his duties as a legis- 
lator. 

4. That he will carefully read the Constitution of the state 
or have it read to him. 

5. That he will not engage in "logrolling." 

Salary and Term of Office. — The Constitution provides that 
the compensation of members of the legislature shall be fixed 
by law; it further provides that such compensation may be in- 
creased or diminished, but the law so increasing or diminish- 
ing it shall not take effect during the session at which the law 
is made. 

The compensation of representatives and senators is the 
same : for a regular session, the salary of each member is $400, 
and 10 cents a mile in going to and returning from the place of 
meeting of the legislature ; for a special session, $5 a day, and 
10 cents mileage. A special session cannot continue longer 
than thirty days, unless extended by the governor. 

Members of the legislature are elected for a term of four 
years. 

A Privilege and a Restriction.— For fifteen days preceding 
a session of the legislature, during its session, and for fifteen 
days after it has adjourned, members of the legislature are 
privileged from arrest, except for treason, felony, theft, or 
breach of the peace. 

No member shall receive any fee or reward, or be counsel in 
any measure pending before either house, under penalty of 
losing his seat. As he has already sworn to discharge his duty, 
he is forbidden to receive any special pay for anything he may 
do as a member of the legislature. 



108 THE FEDERAL UNION 

Number and Apportionment. — At present the house of rep- 
resentatives has 136 members. 

Each county has at least one representative ; some of them 
have one and a floater; some have two; some two and a 
floater; some three; some three and a floater. (See Constitu- 
tion, Sections 254, 256.) 

The Constitution further says that the number of senators 
shall not be less than thirty nor more than forty-five. The 
senate has at present the maximum number. 

The counties of the state are arranged in thirty-eight groups, 
each of which elects one or more senators. (See Constitution, 
Sections 255, 256.) 



OFFICERS 

Officers of the House. — Speaker. When the house of repre- 
sentatives organizes every four years, it elects one of its mem- 
bers as speaker. It is his duty to act as presiding officer. In 
case of a tie vote he may cast the deciding vote. The chief 
power of the speaker lies in the fact that he appoints the com- 
mittees of the house. 

At a regular session the salary of the speaker is $500 
and mileage; at a special session it is $5.00 a day and 
mileage. 

Clerk. It is the duty of the clerk to keep a record of the 
proceedings of the house, and to read to the house all bills and 
documents sent to him for that purpose. 

Serge ant- at- Arms. It is the duty of the sergeant-at-arms 
to preserve order during the sessions of the house. 



AND MISSISSIPPI 109 



Minor Officers. Of the minor officers of the house may 
be mentioned a doorkeeper, pages, clerks of committees, and 
a postmaster. 

None of the officers of the house is a member of it except 
the speaker. 

Officers of the Senate. — President. The lieutenant gov- 
ernor, is by virtue of his office, the president, or presiding offi- 
cer, of the senate. He has the right to discuss questions before 
the senate and to cast the deciding vote in case of a tie. He 
appoints the senate committees. 

When the senate organizes it elects a president pro tempore, 
who acts as presiding officer whenever the lieutenant governor 
is absent. 

Secretary. It is the duty of the secretary to keep a rec- 
ord of the proceedings of the senate, and to read to the senate 
all bills and documents sent to him for that purpose. 

Other Officers. — The titles and duties of the other officers of 
the senate are the same as those of the house. 

None of the officers of the senate is a member of it except 
the president pro tempore. 



SPECIAL POWERS OF THE HOUSE AND SENATE 

Powers of the House. — The house of representatives has 
eight special or sole powers: 

1. To elect its own officers. 

2. To judge the qualifications and election returns of its own 
members. 



110 THE FEDERAL UNION 

3. To punish its own members for disorderly conduct; and, 
with the concurrence of two thirds of the members present, it 
may carry the punishment to the extent of expelling a mem- 
ber. 

4. To punish anyone not a member, who shall disturb its 
sessions. 

5. To make its own rules. 

6. To impeach any officer of the state government, except 
members of the legislature. The concurrence of two thirds of 
the members present is required to sustain an impeachment. 

7. To count the popular vote for governor and other state 
officers, and to cast the electoral vote for them. 

8. To choose a governor from the two candidates receiving 
the highest number of popular votes, in case no one has been 
elected governor in the regular way. 

Powers of the Senate. — The senate, like the house, has cer- 
tain special powers ; they are as follows : 

1. To elect its officers, with one exception — the lieutenant 
governor, who is ex officio president of the senate. 

2. To judge the qualifications and election returns of its 
own members. 

3. To punish any one of its members for disorderly conduct, 
and, with the concurrence of two thirds of its members, to 
expel him. 

4. To punish anyone not a member, who shall disturb its 
sessions. 

5. To make its own rules. 

6. To confirm or reject appointments made by the governor. 

7. To try impeachments. 



AXD MISSISSIPPI 111 



MAKING A LAW 

Definition and Origin of a Bill. — The provisions of a law are 
first written out and presented to the house or senate. The 
document is then designated as "a bill." 

Bills may originate in the house or in the senate. Any 
member in either house may write out anything he wishes to 
become a law and introduce it in the house of which he is a 
member. 

Style and Title of Bill. — The Constitution requires two things 
as to the form of a bill : 

1. Section 56 says: "The style of the laws of the state shall 
be, 'Be it enacted by the legislature of the state of Missis- 
sippi.'" 

2. Section 71 requires that every bill shall have a title; and 
the same section further states that the title shall indicate 
clearly the subject-matter of the bill. The committees to 
which bills are referred are required to express their opinions 
as to the sufficiency of the title of each bill that they report 
back to either house. 

Passage of a Bill. — The usual manner in which a bill is passed 
is as follows : 

1. A member prepares a bill and brings it into the house of 
which he is a member. He stands up, addresses the presiding 
officer, and announces his bill. 

2. He sends it by a page to the clerk or secretary, who reads 
it to the house. 

3. The presiding officer assigns the bill to its appropriate 
committee. 



112 THE FEDERAL UNION 

4. The committee investigates the provisions of the bill and 
reports it back with a recommendation "that it pass/' or "do 
not pass." This recommendation is accompanied by the com- 
mittee's opinion as to the sufficiency of the title. 

5. The house takes up the bill, discusses it; offers amend- 
ments at will, and finally votes upon it. If a majority votes 
against its passage, the bill receives no further consideration. 
If a majority votes for it, the presiding officer then signs it, 
and sends it to the other house. Here the bill is treated in 
the same way as it was in the house in which it originated. If 
this house puts any amendment to it, it must be sent back to 
the other house for concurrence in the bill as amended. 

6. After both houses have passed the bill, it is sent to the 
governor. If he wants it to become a law he signs it, thereby 
making it a law. If he thinks the bill should not become a 
law, he vetoes it ; in which case he must write out in full his 
objections and send them, with the bill, back to the house in 
which it originated. In order that a bill may become a law 
over the governor's veto, it must be repassed by the affirma- 
tive vote of two thirds of each house acting separately. 

When a bill is sent to the governor, he must return it to the 
house in which it originated within five days (Sundays ex- 
cepted) ; otherwise it becomes a law without his signature. If 
the legislature adjourns before the five days have expired, he 
must keep the bill till the legislature meets again. Within 
three days after this meeting he must return the bill; other- 
wise it becomes a law without his signature. 

This is a general outline of the way in which bills are treated. 

In practice, the passage of a bill may be prevented in a 
number of ways; for instance, it may be "pigeon-holed by 



AND MISSISSIPPI 113 



the committee/' it may be " indefinitely postponed/' it may be 
"tabled," and in various other parliamentary ways it may be 
disposed of by the legislature and never reach the governor. 

Precautions and Restrictions in Lawmaking. — The Constitu- 
tion distinctly provides that there shall be "fair play" in the 
making of laws. Eight precautions and restrictions, speci- 
fied in the Constitution, with reference to lawmaking, will be 
mentioned : 

1. Referred to Appropriate Committee. Every bill 
must be sent to its appropriate committee, and must be re- 
ported back by that committee with a recommendation in 
writing as to the sufficiency of its title, and as to whether the 
bill "do pass" or "do not pass." 

2. Read Three Days. Every bill shall be read on three 
different days in each house before it is finally voted upon. 

3. As to Amendments. No bill shall be so amended as to 
change its original purpose or meaning. 

4. Read Before Vote. Just before the final vote on any 
bill, it must be read in full. Thus every member may know 
exactly for what he is voting when he casts his vote. 

5. Signed in Open Session. When it is passed by the votes 
of the members of either house, the presiding officer must sign 
it in the presence of that house. Before signing it, he must 
give notice thereof, suspend business, have the bill read by 
title, or in full if any member so desires. 

6. Subject to Reconsideration. All votes on the final 
passage of any bill shall be subject to reconsideration for at 
least one day after its passage. This gives any member a 
chance to change his vote if he so desires. 



114 THE FEDERAL UNION AND MISSISSIPPI 

7. No New Bills During Last Three Days. No bill can 
be introduced during the last three days of the session. No 
revenue bill can be passed during the last five days of the ses- 
sion. 

8. No Bill Approved when Legislature not in Session. 
No bill shall be approved when the legislature is not in session. 

These various provisions were placed in the Constitution 
for the purpose of preventing hasty or corrupt legislation. 



OUTLINE OF CHAPTER IX 

EXECUTIVE DEPARTMENT OF THE GOVERNMENT 
OF MISSISSIPPI 

Function. 

b 1 To enforce the State Laws. o ,. 

Governor. Const. 

6 1 Qualifications 117 

b 2 Manner of Election 140, 141 

b 3 Oath 268 

6 4 Salary 118 

6 5 Term 116 

b 6 Powers 72, 73, 119-121, 124, 125, 139 

b 7 Duties 77, 122, 123, 127, 137, 153 

6 8 Checks 50, 116 

Lieutenant Governor. 

b 1 Qualifications, Election, Term, Oath 117, 128, 268 

b 2 Salary 130 

b 3 Powers and Duties 129, 131 

Secretary of State. 

b 1 Qualifications, Election, Term, Oath 133, 140, 141, 268 

b 2 Salary 133 

b 3 Powers and Duties 133, 140 

Auditor. 

b 1 Qualifications, Election, Term, Oath 133, 134, 140, 141, 268 

b 2 Salary 134 

b 3 Powers and Duties 124 

6 4 Checks. 134 

Treasurer. 

b 1 Qualifications, Election, Term, Oath 133, 134, 140, 141, 268 

b 2 Salary 134 

b 3 Powers and Duties 137 

6 4 Checks 134, 137 



116 THE FEDERAL UNION AND MISSISSIPPI 



Sec. of 
i 7 Attorney-General. Const. 

b x Qualifications, Election, Term, Oath 173, 140, 141, 268 

b 2 Salary 173 

b 3 Powers and Dutiee. 

i s Superintendent of Education. 

b l Qualifications, Election, Term, Oath 140, 141, 202 

b 2 Salary 202 

b 3 Powers and Duties r 202 

i 9 Librarian. 

b 1 Qualifications 106 

b 2 Election 106 

t 10 Other State Officers. 

6 1 Clerk of Supreme Court 168 

b 2 Revenue Agent. 

b 3 Land Commissioner. 

6 4 Railroad Commissioners. 

b 5 Insurance Commissioner. 

6 6 Superintendent of Penitentiary. 

b 7 Commissioner of Labor and Commerce. 

b 8 Trustees of the Penitentiary. 



CHAPTER IX 

EXECUTIVE DEPARTMENT OF THE GOVERNMENT OF 
> MISSISSIPPI 

FUNCTION 

To Enforce the State Laws. — It is the function of the execu- 
tive department to enforce the laws passed by the legislature. 
At the head of this department is the governor. 

GOVERNOR 

Qualifications. — The Constitution requires three qualifica- 
tions for the governor of Mississippi: (1) He must be at least 
thirty years old; (2) he must have been a citizen of the United 
States for twenty years; (3) he must have resided in Missis- 
sippi for five years immediately preceding his election. 

Manner of Election. — The manner of electing a governor in 
Mississippi is somewhat out of the ordinary. Two separate 
majorities are required: 

(1) A popular majority — that is, a majority of the individ- 
ual votes cast all over the state. 

(2) A majority of the electoral votes. Each of the counties 
or districts that elects representatives to the lower house is con- 
sidered an electoral district, and has as many electoral votes 
as the county or district has representatives. For instance, 



118 



THE FEDERAL UNION 



Choctaw county is a representative district, and elects one 
representative. It would, therefore, have one electoral vote 
to be cast for governor. This vote must be cast for the candi- 
date who receives in that county the highest number of votes 
in the general election in November. Lauderdale county also 



POPULAR VOTE/ 



MAJORITIES 



REQUIRED 




ELECTORAL VOTE/ 



CAST BY ALL THE VOTERS 

NOVEMBER ■f 



CERTIFIED BY ELECTION COMMISSION 



SENT TO SECRETARY OF STATE 

NOVEMBER 



GIVEN TO SPEAKER OF H- OF R. 

JANUARY 



NUMBER-I FOR EACH REPRESENTATIVE 



CAST BY REPRESENTATIVES 

JANUARY 



DETERMINED BY COUNTY VOTE 
FLOATER VOTE DIVIDED 



.EQUALLY DIVIDED WHEN TIE VOTE 
ELECTION OF GOVERNOR 



is a representative district and elects three representatives ; it 
has three electoral votes; they must be cast for the candidate 
who carried that county in the regular election. Tippah and 
Benton have one representative each, and a floater between 
them, so they would together have three electoral votes. 
Each would have one vote to cast for the candidate that re- 
ceived the highest number of votes in Tippah or Benton in the 
regular election; and in regard to the third vote, based upon 
the floater, the Constitution says : 



AND MISSISSIPPI 119 



"In all cases where a representative is apportioned to two 
or more counties or districts, the electoral vote based upon 
such representative shall be equally divided among such coun- 
ties or districts." 

The returns of the regular election in each of the counties 
are made up, sealed, and sent to the secretary of state as soon 
as possible after the election in November. He keeps them 
unopened till the regular meeting of the legislature, which oc- 
curs in January following the election. After the legislature 
meets and the house elects a speaker, the secretary of state is 
required to deliver these returns to him within one day after 
his election. On the next Tuesday after the speaker receives 
the returns, he opens them in the presence of the house, and 
the house counts them. 

The person found to have received a majority of all the 
electoral votes shall be declared governor, provided he has 
also received a majority of the popular vote. If there is a tie 
between the two highest candidates in any legislative district, 
the electoral vote of that district must be equally divided be- 
tween them. 

As there are 136 representatives in the house, it would 
require a majority of that number to give any candidate the 
electoral majority. 

If no candidate receives a majority of both the electoral 
and the popular votes, then the house of representatives pro- 
ceeds to choose a governor from the two persons who have 
received the highest number of popular votes. 

All other state executive officers mentioned in the Constitu- 
tion, except the librarian, are elected in the same way and at 
the same time. 



120 THE FEDERAL UNION 

Oath. — The governor takes an oath: (1) That he will sup- 
port the Constitution of the United States and of the state of 
Mississippi, and obey the laws thereof; (2) that he is not dis- 
qualified from holding his office; (3) that he will faithfully dis- 
charge the duties of his office. 

All other state officers, except judges and members of the 
legislature, are required to take the same dath. 

Salary and Term of Office. — The salary of the governor, as 
well as those of other state officers, is fixed by lav/ and is paid 
out of the state treasury. His salary is $4,500 a year. 

The governor, as well as the other state officers, is elected 
for four years. 

Powers. — The governor has seven important powers : 
1. To Veto Bills. One of the most important powers of 
the governor is his veto power. Every bill that passes both 
houses of the legislature shall be presented to the governor. If 
he approves the bill, he signs it ; whereupon it becomes a law. 
If he does not approve it, he returns it, with his objections, to 
the house in which it originated. Then if two thirds of each 
of the houses, acting separately, agree to repass the bill, it 
becomes a law in spite of the governor's veto; otherwise it 
fails. 

If the governor does not return a bill within five days (Sun- 
days excepted) after it has been presented to him, it thereby 
becomes a law. If the legislature adjourns before the expira- 
tion of the five days, the bill becomes a law, unless it is re- 
turned by the governor withm three days after the beginning 
of the next session of the legislature. If he fails to do this, it 
becomes a law without his signature. . . - 



AND MISSISSIPPI 121 



The Constitution gives the governor power to veto parts of 
any appropriation bill and to approve other parts of the same 
bill. The parts which he approves thereby become law. 

2. To Adjourn the Legislature. The governor has the 
power to adjourn the legislature when the two houses fail to 
agree upon a time for adjourning. But he cannot adjourn 
them to a time beyond the day of the next regular meeting. 

3. To Convene the Legislature. He has the power to 
call an extra session of the legislature and to state the subjects 
and matters that shall be considered by it. 

4. To Suspend Certain Officers. If a state or county 
treasurer or tax collector is charged with defalcation, the gov- 
ernor has the power, and it is made his duty, to suspend him, 
and to appoint some one else to fill the place till the accounts 
can be investigated. 

5. To Require Information. He has the power to re- 
quire information, in writing, from any other officer in the 
executive department of the state on any subject relating to 
that office. 

6. To Grant Pardons. He has the power to grant par- 
dons in all criminal cases except treason and impeachment. 

7. To Command the Army and Navy. He is commander- 
in-chief of the army and navy of the state, except when it is 
called into the service of the United States. 

Duties. — Besides these powers, which are granted him, the 
governor has certain duties that he is required by the Consti- 
tution to perform : 

1. To Remove Judges. If two thirds of each branch of 
the legislature ask him to do so, he must remove from office 



122 THE FEDERAL UNION 

any judge in the state. This course is sometimes followed 
when the case against a judge is hardly strong enough to war- 
rant an impeachment. 

2. To Issue Writs of Election. He shall issue writs of 
election to fill any vacancy in either house of the state legisla- 
ture, or in the lower house of the United States Congress. 

3. To Appoint United States Senator. He shall appoint 
a United States senator if a vacancy occurs in that office when 
the legislature is not in session. 

4. To Advise the Legislature. By written communica- 
tions, called " messages/' he must inform the legislature, when 
it is in session, as to the state of the government, and recom- 
mend for consideration such measures as he may deem 
proper. 

5. To Sign Commissions. He shall sign all commissions. 

6. To Enforce Laws. He shall see that the laws are 
faithfully executed. 

Checks. — It will be seen that while the chief business of the 
governor is that of an executive officer, his powers and duties 
encroach to a large extent upon those of the other two de- 
partments. These, in turn, have power in his department, so 
that each department acts as a balance to the other two. 

The Constitution puts two important checks upon the gov- 
ernor: (1) He cannot immediately succeed himself in the office 
of governor; and (2) he is at all times liable to impeachment 
by the house of representatives. (See page 110.) 

Up to the present time no governor of the state has been 
impeached except Adelbert Ames. 



AXD MISSISSIPPI 123 



LIEUTENANT GOVERNOR 

Qualifications, Election, Term, Oath, Salary. — The qualifi- 
cations for lieutenant governor are the same as those for gov- 
ernor. The manner of his election, his term of office and oath 
are also the same. 

The salary of the lieutenant governor is $500 a year. 

Powers and Duties. — The lieutenant governor, by virtue of 
his office, is president of the senate. In this office he may 
debate questions when the senate is sitting as a committee of 
the whole, and in case of a tie he may cast the deciding vote. 
As president of the senate, he appoints the senate committees, 
and in this way he has a strong influence upon legislation ; for 
the making of laws depends very largely upon the action of 
the various committees. 

If, for any reason, the office of governor becomes vacant, 
the powers and duties of that office devolve upon the lieuten- 
ant governor. 



SECRETARY OF STATE 

Qualifications, Election, Term, Oath, Salary. — The Consti- 
tution specifies only two qualifications for secretary of state: 
(1) He shall be at least twenty-five years old; (2) he shall have 
been a citizen of the state five years immediately preceding his 
election. The manner of his election, his term of office and 
oath are the same as those of the governor. 

The salary of the secretary of state is $2,000 a year. 



124 THE FEDERAL UNION 

Powers and Duties. — The principal powers and duties of the 
secretary of state are : 

1. To see that the capitol is properly kept. 

2. To keep a correct register of all the official acts and pro- 
ceedings of the governor. He must present any or all of these 
papers to the legislature whenever it requests him to do so. 

3. To keep on file in his office the journals of the senate and 
house of representatives. 

4. To receive in November the state election returns from 
the counties, to keep them, and to deliver them to the speaker 
of the house in January, as soon as the house has been organ- 
ized. 

5. To perform such other duties as may be required of him 
by law. 

AUDITOR 

Qualifications, Election, Term, Oath, Salary, — The qualifica- 
tions for auditor are the same as those for secretary of state. 
The manner of his election, his term of office and oath are the 
same as those of the governor. 

The auditor's salary is $2,500 a year. 

Powers and Duties. — In general, the auditor is bookkeeper 
for the state. Every account against the state is examined 
by him. When the state is indebted to anyone, the creditor 
must get a warrant from the auditor for the amount of the 
indebtedness. This warrant is drawn upon the treasurer, and 
when presented, he must pay the amount out of any money in 
his possession that belongs to the state. 

On the other hand, if anyone owes the state, the account 
must be examined by the auditor; and, if found correct, the 



AXD MISSISSIPPI 125 



auditor gives the debtor a paper, called a receipt warrant, 
which shows how much money the holder owes the state. 
This warrant must be presented to the treasurer when the 
money is paid into the treasury. 

To whom should the sheriff of your county go when he is 
ready to pay the taxes of the county into the state treasury? 

Checks. — The auditor cannot succeed himself or the treas- 
urer, and his books must correspond at all times with those of 
the treasurer. 

TREASURER 

Qualifications, Election, Term, Oath, Salary. — The qualifi- 
cations for treasurer are the same as those for secretary of 
state. The manner of his election, his term of office and oath 
are the same as those of the governor. 

The treasurer's salary is $3,000 a year. 

Powers and Duties. — The treasurer is the keeper of the state's 
money, which he pays out only on the warrant of the audi- 
tor. The Constitution requires the treasurer to make public 
twice a year a statement as to the state treasury. This must 
be done within ten days after the first of January and July of 
each year. This statement must be printed, under oath, in 
some newspaper published at the capital. Along with it must 
be published the governor's certificate that he has verified the 
treasurer's statement by a personal inspection of the treasury. 

Checks. — The checks upon the treasurer are as follows: (1) 
The publication of the condition of the treasury, together with 
the governor's certificate, acts as a check ; (2) his books must 
correspond with those of the auditor; (3) the governor is re- 



126 THE FEDERAL UNION 

quired to count occasionally the state's money in the treasurer's 
possession without giving him any previous notice; (4) he can- 
not succeed himself or the auditor. 

It would seem with all these precautions the treasurer could 
hardly embezzle the state's money. In the history of the 
state, there have been only two defaulting treasurers — one 
during Tucker's administration, and the other during the ad- 
ministration of Stone. 

ATTORNEY-GENERAL 

Qualifications, Election, Term, Oath, Salary. — Three quali- 
fications are required of" the attorney-general: (1) He must 
have been a practicing lawyer for five years; (2) he must have 
attained the age of twenty-six years; (3) he must have been 
five years a citizen of the state. The manner of his election, 
his term of office and oath are the same as those of the gov- 
ernor. 

The salary of the attorney-general is $2,500 a year. 

Powers and Duties. — The attorney-general is the state's 
lawyer. It is his duty: (1) To represent the state, or any 
county of the state, in suits before the Supreme Court; (2) to 
act as the legal adviser of the governor and other state officers ; 
(3) to advise district attorneys in the discharge of their duties, 
when requested to do so. 

SUPERINTENDENT OF EDUCATION 

Qualifications and Salary. — The Constitution makes the 
qualifications of the superintendent of education the same as 



AXD MISSISSIPPI 127 



those for the secretary of state, namely, that he shall be 
twenty-five years old and a citizen of the state for five years 
immediately preceding his election. The manner of his elec- 
tion, his term of office and oath are the same as those of the 
governor. 

While the Constitution does not require it, the people see 
that he is also a practical school man. 

The salary of the superintendent of education is $2,500 a 
year. 

Powers and Duties. — The Constitution says that the super- 
intendent shall have general supervision of the public schools 
and of the educational interests of the state, and that he shall 
perform such other duties as may be prescribed by law. 

LIBRARIAN 

Qualifications, Election, Salary. — It is required by the Con- 
stitution that the librarian (1) shall have been a resident of the 
state four years, and (2) shall have attained the age of twenty 
years. This is the only state office that may be filled by a 
woman. 

The librarian is not elected by the people, as are other state 
officers, but by the legislature on a joint vote of the two houses. 

The librarian's salary is $1,500 a year. 

OTHER STATE OFFICERS 

Election, Term, Oath, Duties. — All the other state officers 
are elected in the same manner, at the same time, and for the 
same term as the governor, and they take the same oath of 



128 THE FEDERAL UNION AND MISSISSIPPI 

office. The duty of each is indicated by the name of the 
office. 

The Clerk of the Supreme Court keeps a record of the 
official proceedings of that court. 

The Revenue Agent looks after the collection of taxes due 
the state, and not collected by the sheriffs of the counties. 

The Land Commissioner looks after the sale of the public 
lands of the state. 

The Railroad Commissioners. There are three railroad 
commissioners. The state is divided into three districts, and 
one commissioner must be a resident of each district; he is 
elected, however, by the votes of the state at large. The com- 
mission has general supervision of the railroads of the state. 
It has jurisdiction over the freight and passenger rates, and 
over railroad schedules, depot arrangements, and other rail- 
road matters in which the people are interested. 

The salary of each commissioner is $2,000 a year. 

The railroad commission was created in 1882. 

The Insurance Commissioner has supervision of the insur- 
ance companies in the state. 

The Superintendent of Penitentiary has general con- 
trol of the state convicts. He must be in his office at the capi- 
tol from 9 a.m. to 5 p.m. 

The Commissioner of Agriculture and Commerce looks 
after the agricultural and commercial interests of the state. 

Trustees of the Penitentiary. There are three trustees 
of the penitentiary, one from each of the Supreme Court dis- 
tricts. (See page 131.) 



OUTLINE OF CHAPTER X 

JUDICIAL DEPARTMENT OF THE GOVERNMENT 
OF MISSISSIPPI 

Courts. 

b l Established by Constitution. 

b 2 Function. 

c 1 To interpret State Laws. 
b 3 Supreme Court. Sec. of 

c 1 Judges. Const. 

d l Number 145 

d 2 Appointment 145 

d 3 Term 149 

d i Salary 166 

d 5 Qualifications 150 

d 6 Oath ,155 

c 2 Sessions 148 

c 3 Officers 168, 173 

c 4 Jurisdiction 146 

b 4 Circuit Court. 
c 1 Judges. 

d l Number 152 

dr Appointment 153 

d 3 Term 153 

d 4 Salary 166 

d" Oath 155 

d 6 Qualifications 154 

c 2 Sessions 158 

c 3 Officers 135, 137, 168, 174 

c 4 Jurisdiction and Appeal 156 

c 5 Number 152 

c 6 Cost 261 



130 THE FEDERAL UNION AND MISSISSIPPI 

b 5 Chancery Court. 

c 1 Chancellor. Sec. of 

d 1 Number. Const. 

d 2 Appointment 153 

d 3 Term 153 

d i Salary 166 

d 5 Oath 155 

d 6 Qualifications 154 

c 2 Sessions 164 

c 3 Clerk 168 

c 4 Jurisdiction and Appeal 159, 160, 161 

c 5 Number 152 

c 6 Cost. 
6 6 Justice of the Peace Court 171 

c 1 Justice of the Peace. # 

d 1 Qualifications. 
d 2 Manner of Election. 
d 3 Term. 
d 4 Salary. 

c 2 Constable. 

c 3 Jurisdiction and Appeal. 

c 4 Number. 
b 7 Supervisors Court. 

c 1 Supervisors. 

d l Qualifications 176 

d 2 Manner of Election 170 

d 3 Term 170 

d 4 Salary. 

c 2 Officers. 

c 3 Jurisdiction and Appeal. 

c 4 Lawmaking and Appointive Powers. 

c 5 Number. 



CHAPTER X 

JUDICIAL DEPARTMENT OF THE GOVERNMENT OF 

MISSISSIPPI 

COURTS AND THEIR FUNCTION 

Courts: Names of. — The judicial power of the state is vested 
by the Constitution in a supreme court and several inferior 
courts, — namely, circuit courts, chancery courts, justice of 
the peace courts, and supervisors courts. 

Function: To Interpret State Laws. — The function of the 
courts is to construe, or tell the meaning of, the law. This 
they do in rendering decisions in the trial of particular cases 
legally brought before them. 

SUPREME COURT 

Judges. — Number. The supreme court consists of three 
judges — one from each of the three supreme court districts 
into which the state has been divided by the legislature. 

Appointment, Term, Salary. The judges are appointed 
by the governor with the consent of the senate. They hold 
office for nine years. The time of their appointment is so ar- 
ranged that the term of one of them expires every three years. 

The salary of each judge is $4,500 a year. 



132 THE FEDERAL UNION 

Qualifications. A judge of the supreme court must have 
three qualifications: (1) He must be at least thirty years old; 
(2) he must have been a citizen of the state five years; (3) he 
must have been for five years a practicing lawyer. 

Oath of Office. At the time of entering upon the duties 
of his office, each judge must take the following oath: (1) To 
administer justice without respect to persons; (2) to do equal 
right to rich and poor; (3) to perform all his duties in accord- 
ance with the federal Constitution and with the state Consti- 
tution and laws. 

Sessions. — The supreme court holds two sessions a year at 
the capital of the state. 

Officers. — To assist the judges in the discharge of their du- 
ties three officers are provided for the supreme court: (1) The 
attorney-general, who is the state's lawyer before the court in 
cases in which the state or any county is a party; (2) the clerk, 
who keeps a record of the proceedings of the court; (3) a mar- 
shal who waits on the court. 

The clerk is elected in the same manner as other state offi- 
cers. The marshal is appointed by the court. 

Jurisdiction. — The supreme court has only an appellate 
jurisdiction — that is, the cases it decides do not originate in the 
supreme court, but are appealed to it from the lower courts. 

The decision of the supreme court of the state is final in all 
cases except one : Any case before the court in which the Con- 
stitution or laws of the United States are involved, may be ap- 
pealed to the Supreme Court of the United States. 



AND MISSISSIPPI 



133 



CIRCUIT COURT 

Judges. — Number. The state is divided into convenient 
circuit court districts, and for each circuit there is one judge. 
Appointment, Term, Salary, Oath. The circuit judges 




JUSTICE OF PEACE 
COURT 

SYSTEM OF COURTS IN MISSISSIPPI 



1. Figures indicate the number of courts. 

2. The number of sides (or lines) corresponds with the number of judges 

constituting the court. 

3. Arrows indicate the course of appeals. 



are appointed by the governor, with the consent of the 
senate. Their term of office is four years. 

The salary of each circuit judge is $2,750 a year. The oath 



134 THE FEDERAL UNION 

taken by circuit judges is the same as that of the supreme 
court judges. 

Qualifications. The qualifications of a circuit judge are: 
(1) He must have been a practicing lawyer for five years; (2) he 
must have attained the age of twenty-six years; and (3) he 
must have been for five years a citizen of the state. 

Sessions. There must be two sessions of the circuit court 
held at the county seat of each county every year. In the 
counties that have two county seats, court is held first at one 
and then at the other. 

Officers. — The officers of each circuit court are : 

(1) A District Attorney. The district attorney is the 
state's lawyer in all criminal cases. There is one district at- 
torney for each circuit court district. 

(2) A Circuit Clerk. The circuit clerk keeps a record of 
the proceedings of the court. There is one clerk for each of 
the counties composing the circuit court district. 

(3) A Sheriff. The sheriff is the executive officer of the 
court. He preserves order in the court room, serves papers 
issued by the court, and has charge of the witnesses, juries and 
prisoners. There is one sheriff for each county in the district. 

Juries. — The circuit court is assisted in its work by two 
juries, the grand jury and the petit jury. 

The grand jury must consist of fifteen men, though there 
may be as many as twenty. It meets at the same time as the 
circuit court. Its duty is to investigate in secret session any 
reported violations of law. When sufficient evidence has been 
developed that a certain person or persons have violated the 
law, a formal accusation or indictment is written out and 



AND MISSISSIPPI 135 



marked "a true bill." The "true bills" found by the grand 
jury are given to the circuit judge, who instructs the clerk 
to issue the proper papers preparatory to the trial of the 
cases. 

The grand jury may call upon the district attorney at any 
time for advice. The members of the jury are sworn to secrecy 
for a term of six months. This jury is a very important part 
of the judicial system of the state. 

The petit jury is composed of twelve men. It is the duty of 
this jury to hear the evidence in any particular case, to hear 
the law as applied to such cases, and to render a verdict. The 
concurrence of the entire jury is necessary to a verdict. If one 
or more jurors fail to concur, the jury is discharged and another 
is summoned. 

The general qualifications for every juror is that he shall be 
a qualified elector, shall be able to read and write, and must 
not have been convicted of a penitentiary offense. 

Jurisdiction and Appeals. The circuit court has both appel- 
late and original jurisdiction. Cases are appealed to it from 
the courts of the justices of the peace and from the supervis- 
ors courts. 

It has original jurisdiction in all criminal cases, as well as 
in all civil cases that are not otherwise provided for. 

Appeals from the circuit court are taken to the supreme 
court. 

Number. — There are in the state thirteen circuit court dis- 
tricts. 

What counties constitute your circuit court district? Who 
is your circuit judge? Who is your district attorney? 



136 THE FEDERAL UNION 

Cost. — The cost of the court is paid by the county in which 
it is held. All the net fines and forfeitures levied by the court 
are paid into the county treasury. 

CHANCERY COURT 

Judges. — Number. The state is divided into convenient 
chancery districts, and for each district there is one judge, who 
is called "chancellor." 

Appointment, Term, Salary, Qualifications, Oath. — 
The manner of appointment, the term, salary, qualifications, 
and oath of each chancellor are the same as those of a circuit 
judge. 

Sessions. — The chancery court must be held twice a year at 
the county seat of each county. It does not sit at the time 
the circuit court is in session. 

Clerk. — There is in each county a chancery clerk, whose busi- 
ness is to keep a record of the chancery court proceedings. 

Cases in the chancery court are usually tried without a jury. 

Jurisdiction and Appeals. — The Constitution specifies quite 
a number of cases in which the chancery court shall have orig- 
inal jurisdiction. In general, it has charge of all cases of 
equity, divorces, wills, settlement of estates, business pertain- 
ing to minors, cases of idiocy, lunacy, and persons of unsound 
mind. 

Appeals are taken from the chancery court to the supreme 
court. 

Number.— The state is divided into seven chancery court 
districts. 



AND MISSISSIPPI 137 



What counties constitute your chancery district? Who is 
your chancellor? 

Cost. — The cost of the court is paid by each county in which 
its sessions are held. 



JUSTICE OF THE PEACE COURT 

The Justice. — The justice of the peace, or magistrate as he 
is sometimes called, acts as judge of this court. The qualifi- 
cation of a justice of the peace, as required by the Constitu- 
tion, is that he must have resided in the district two years 
immediately preceding his election. He is elected by the 
voters of his own district, or beat, for a term of four years. 

The pay of a magistrate comes in the form of " costs " as- 
sessed in certain cases that he tries, and in fees for other work 
that he does. Some of the things for which he may receive a 
fee are as follows: (1) He may perform a marriage ceremony; 
(2) he may take the acknowledgment of a deed or other legal 
paper; (3) he may take the deposition of a witness. 

The Constable. — The constable is elected at the same time, 
in the same manner, and for the same term as the magistrate. 
He waits upon the court, serves papers, and makes arrests. 
He may be called the executive officer of the district or 
beat. 

Jurisdiction. — The magistrate's court has only original juris- 
diction including both civil and criminal cases. Its jurisdic- 
tion in civil cases extends to causes in which the amount 
involved does not exceed $200. Its criminal jurisdiction 



138 THE FEDERAL UNION AND MISSISSIPPI 

extends to all crimes, the penalty of which does not extend 
beyond a fine and imprisonment in the county jail. 

Number. — There is at least one justice of the peace in each 
beat in the county ; usually, however, there are more than one. 

THE SUPERVISORS COURT 

Supervisors. — In each county the board of supervisors con- 
sisting of five members constitutes a court. The qualification 
of a member is that he shall be a resident freeholder in his 
district. He is elected by the voters of his own district for a 
term of four years. Members of the board are paid by the day 
for their services. They are also allowed mileage. 

Officers. — The chancery clerk of each county is the clerk of 
the board of supervisors. The board elects one of its own 
number as president. 

Jurisdiction and Appeals. — The board of supervisors has 
jurisdiction over roads, ferries, bridges, etc., in the county. 

Appeals from the board of supervisors are taken to the cir- 
cuit court. 

Lawmaking and Appointive Powers. — Besides their judicial 
function, the board of supervisors is the lawmaking power of 
the county. As such, it fixes the tax rate of the county. The 
board also has certain appointive powers. 

Number, — There is but one supervisors' court in each 
county. 



OUTLINE OF CHAPTER XI 

THE PUBLIC SCHOOL SYSTEM 

Public Schools and the State. Sec. of 

b 1 Duty of the State. Const. 

b 2 Pledge of the State 201, 205, 207 

b 3 State Superintendent 202 

b 4 State Board of Education 203 

b 5 State Board of Examiners. 

Public Schools and the County. 
b 1 County Superintendent. 
b 2 County School Board. 
b 3 County Board of Examiners. 
b 4 District Trustees. 

Separate School Districts. 

b 1 Denned by Law. 

b 2 Advantages, Revenues, Trustees. 

Public School Funds. 

b 1 Source. 

c 1 Poll Tax 243, 206 

c 2 Property Tax ; 205 

c 3 Indian Lands 211, 212 

c 4 Special Levies < 

b 2 Disbursement 205,* 208 



CHAPTER XI 
THE PUBLIC SCHOOL SYSTEM OF MISSISSIPPI 



PUBLIC SCHOOLS AND THE STATE 

Duty of the State. — It is agreed that education is a necessity 
in a representative government. In 1854 Governor McRae, 
of Mississippi, in his inaugural address worded this thought 
thus: " There are but two great ideas worthy of life — God 
and liberty. These are all that are of value here, all that are 
important hereafter. But to appreciate these, man must be 
intelligent; to be intelligent he must be educated; to be edu- 
cated the means must be provided, and this is the duty of the 
state." 

Pledge of the State. — The state pledges to each school dis- 
trict at least one free school, the term of which shall not be 
less than four months in the year. Most of the districts have 
more than one school and a longer term than four months. 

This pledge is to white and colored alike. Separate schools 
are maintained for the races, but the same pledge applies to 
each. 

In carrying out this pledge the services of numerous school 
officials and boards are required. 

State Superintendent. — At the head of the public school sys- 
tem is the state superintendent of education. He is required 



142 THE FEDERAL UNION 

to have the qualifications of the secretary of state, and he is 
elected in the same manner as the governor. 

The superintendent looks after the general educational in- 
terest of the state. He is required to make a detailed biennial 
report of its educational condition. He is also required to 
apportion twice a year the public school fund to the counties 
and to separate school districts of the state. 

He is ex officio a trustee of each of the state schools. 

His is a very important office, and should always be filled by 
a practical and progressive educator. 

State Board of Education. — The state board of education 
consists of the state superintendent, who is president of it, the 
secretary of state, and the attorney-general. This board may 
adopt a course of study for the schools, and has the power to 
decide all appeals from the decisions of the state and county 
superintendents. It performs such other duties as the legis- 
lature may direct. 

State Board of Examiners. — The state board of examiners 
consists of three members. Their duties are to aid the super- 
intendent in preparing examination questions for the teachers 
of the state, and to grade the papers written in the state nor- 
mals for state and professional licenses. This board also hears 
and decides appeals relative to examinations. 

PUBLIC SCHOOLS AND THE COUNTY 

County Superintendent. — The county superintendent is the 
head of the county system of public schools, just as the state 
superintendent is the head of the state system. The superin- 



AND MISSISSIPPI 143 



tendent is elected as are other county officers. The qualifica- 
tions required of him are that he shall stand a successful ex- 
amination on the studies for a first-grade certificate and on the 
school law. He must, in the opinion of the examiners, have a 
good moral character, as well as the executive ability to per- 
form successfully the duties of the office. 

It is his duty to contract with the teachers of the public 
schools, and to issue them pay certificates when their work 
has been done. He must visit the schools of the county and 
do what he can to promote the cause of education. He is re- 
quired to make annual reports to the state superintendent. 

He is ex officio president of the county school board. His 
salary is fixed by law. The minimum salary is $800, and the 
maximum, $1,800. 

County School Board. — There is in each county a school 
board, consisting of a member from each of the supervisors' 
districts. They are appointed by the county superintendent, 
which appointment must be ratified by the board of super- 
visors. 

The school board, with the county superintendent as their 
president, convenes annually before the first day of August 
and defines the boundaries of the school districts. 

County Board of Examiners. — The county board of exam- 
iners consists of the county superintendent and two first-grade 
teachers of the county. The two teacher members are ap- 
pointed annually by the county superintendent. Their duties 
are to assist him in holding examinations and grading papers. 
They receive $2.50 a day for each day they hold examinations, 
and 25 cents for grading the papers of each applicant. 



144 THE FEDERAL UNION 

There are eight regular examinations each year. They are 
held in April and September. Four of these are for white 
people and four for colored. Those who pass the required ex- 
aminations successfully are granted a license to teach. All 
teachers in the public school must have a license. 

District Trustees. — The county is divided into school dis- 
tricts, and each district has a board of trustees. This board 
consists of three members, each chosen by the patrons of the 
school for a term of three years. The qualifications required 
are: (1) good character, (2) patron of the school, (3) able to 
read and write. 

The trustees meet annually and select teachers for the 
schools. They report these selections to the superintendent, 
who contracts with the teachers so chosen. 

It is the duty of the trustees to look after the general wel- 
fare of the schools in their districts. 

SEPARATE SCHOOL DISTRICTS 

Denned by Law. — The law says : " Any municipality, or any 
unincorporated district of not less than 16 square miles, may 
be declared a separate school district." 

Advantages, Revenues, Trustees. — Schools in separate dis- 
tricts have certain advantages that the ordinary school does not 
possess. For instance, the session in a separate school dis- 
trict must be at least seven months. A tax necessary for 
maintaining the schools for this length of time may be levied 
upon the people and property within the district. 

If the separate school district is a municipality, the board 
of aldermen and the mayor levy the tax; if it is not a munic- 



AND MISSISSIPPI 145 



ipality, the board of supervisors levies it. But a tax in 
excess of three mills on the dollar shall not be levied or col- 
lected without the consent of a majority of the taxpayers of 
the municipality. 

For the building and equipping of schoolhouses in a munic- 
ipality; the law allows the mayor and the board of aldermen 
to issue bonds to the extent of 7 per cent, of the assessed valu- 
ation of the property within the municipality; and with the 
consent of two thirds of the qualified electors, they may issue 
bonds to the value of 10 per cent, of the assessed valuation. 

The separate school district gets its part of the general 
school fund according to the number of its educable children. 

While the ordinary school district has only three trustees, 
the separate school district has five. It is within their power 
to raise the course of study above that of the ordinary school; 
they may also select other books supplemental to those 
adopted by the state text-book commission. 

PUBLIC SCHOOL FUNDS 

Source. — There are four sources of revenue for the public 
schools : 

(1) Poll Tax. Each voter in the state, up to a certain 
age, is required to pay a poll tax of two dollars. This tax is 
retained by the county in which it is collected. 

(2) Property Tax. All the property in the state is taxed 
at a certain rate, usually about six mills on the dollar. The 
money thus collected is put into the state treasury. The 
legislature appropriates a certain amount of this for the public 
schools. 



i46 THE FEDERAL UNION 

(3) Indian Land Funds. A third source of revenue for 
the public school is the Indian land fund, or as it is also called, 
"the 16th section fund." This originated as follows: When 
the United States sold the land in the state belonging to the 
Indians, the section numbered "sixteen" in each township — 
that is, one thirty-sixth of all the land, had been given to Mis- 
sissippi as a common school fund. These lands, or their equiv- 
alent, have been leased or sold by the state, the money put at 
interest, and the interest is paid to the school fund. It should 
be noted, however, that the interest from the Chickasaw fund 
goes to the Chickasaw counties only, and the interest from the 
Choctaw fund goes to the Choctaw counties only. 

The Choctaw fund is very small for the reason that the lands 
were leased for ninety-nine years and the payment taken in 
paper that became worthless. The land will revert to the 
state in 1935. 

The Chickasaw lands were sold for about $879,000. The 
state uses this money and pays 6 per cent, on it to the 
Chickasaw counties. There are about twenty Chickasaw 
counties. 

How much would be the average amount of interest ap- 
portioned to each county? 

(4) Special Levies. In order to extend their school terms 
beyond the time paid for by the state, most of the counties, 
each acting for itself, have laid special levies. The money 
thus secured is retained of course in the county in which it is 
collected. 

Disbursement. — As has already been said, the poll tax is re- 
tained and distributed in the county in which it is collected. 
The general fund derived from the tax on property is distrib- 



AND MISSISSIPPI 147 



uted to the counties in proportion to the number of educable 
children in each. Thus the counties having the largest num- 
ber of educable children receive the largest amount of the gen- 
eral fund. The Indian land fund is distributed according to 
acreage. The appropriations are made semi-annually. 



OUTLINE OF CHAPTER XII 

FRANCHISE AND ELECTIONS IN MISSISSIPPI 

Franchise. Sec. of Const. 

b 1 Definition and Explanation. 

b 2 Qualifications of Electors 19, 241, 244, 249 

Elections. 

b 1 Control of. 

b 2 Announcement of Candidacy. 

6 3 Nominations for Office. 

c 1 By Primary Election 247 

6 4 Constitutional Provisions 252, 240 

b 5 The Ballots. 

c 1 Printing. 

c 2 Contents. 

c 3 When Written. 
b 6 Officers. 

c 1 Two Clerks. 

c 2 Three Managers. 

c 3 One Bailiff. 
b 7 The Voting — Australian System. 

b 8 The Returns 114 

b 9 The Cost. 



CHAPTER XII 
FRANCHISE AND ELECTIONS IN MISSISSIPPI 

FRANCHISE 

Definition and Explanation. — Franchise is the right to vote. 
This right is not inherent, as the right of " life, liberty, and the 
pursuit of happiness;" it is a privilege conferred by the state. 

Prior to 1868 the federal Constitution did not define a citi- 
zen of the United States. In that year the Fourteenth 
Amendment was declared ratified. This says that "all per- 
sons born or naturalized in the United States, and subject to 
the jurisdiction thereof," are citizens of the United States, 
" and of the state in which they reside." When the Mississippi 
Constitution uses the word " citizen," it means a "person born 
or naturalized in the United States, and subject to the juris- 
diction thereof." 

It must not be understood that because one is a citizen, he 
is therefore a voter. There is no voter who is not a citizen, 
but there are thousands of citizens who are not voters. 

Qualifications of Electors. — The Fourteenth Amendment to 
the United States Constitution says that "no state shall make 
or enforce any law which shall abridge the privileges or im- 
munities of citizens of the United States." Notwithstanding 
this provision, every state in the Union does abridge the privi- 
lege of voting by requiring certain qualifications of its voters, 
or electors, as they are sometimes called. 



152 THE FEDERAL UNION 

The qualifications of an elector in Mississippi, as provided 
in the Constitution, are : 

1. He must be a man. 

2. He must be a citizen of the United States. 

3. He must be at least twenty-one years old. 

4. He must have resided in the state at least two years. 

5. He must have resided in the election district one year, 
unless he is preacher in charge of an organized church, in 
which case six months only are required. 

6. He must have paid, on or before the first day of February 
of the year in which he offers to vote, all his taxes for the two 
preceding years. He must also be able to satisfy the officers 
holding the election that he has done this. 

7. He must be able to read any section of the Constitution, 
or be able to give a reasonable interpretation of it when read 
to him. 

8. He must be registered. Any person offering to register 
must swear or affirm: (1) That he is twenty-one years old, or 
will be before the election; (2) that he has resided in the state 
two years; (3) that he has resided in the election district one 
year; (4) that he is now, in good faith, a resident of the state; 
(5) that he is not disqualified from voting by reason of being 
guilty of any of the ten crimes named on page 153; (6) that he 
will truthfully answer all questions pertaining to his right to 
vote; (7) that he will support the federal and state constitutions. 

Electors must be registered at least four months before the 
election at which they may offer to vote. The registering is 
done in each county by the circuit clerk of the county. 
While performing this duty he is known as the regis- 
trar. He keeps at the county seat a book containing the 



AND MISSISSIPPI 153 



names of all persons whom he has registered. He makes out 
for each precinct a poll book containing the list of names of all 
who have registered to vote in that precinct. In order to 
secure to every man absolute fairness in the matter of regis- 
tration, it is provided in the Constitution that any person 
whom the clerk has refused to register may appeal to the judi- 
ciary of the state. Thus, the question between the clerk and 
the person offering to register becomes a judicial one and may 
be so settled. 

In addition to the eight qualifications already mentioned 
the Constitution specifies four things, any one of which debars 
a person from voting : 

9. He must not be an idiot. 

10. He must not be insane. 

11. He must not be "an Indian not taxed." 

12. He must not have been convicted of any one of the fol- 
lowing ten crimes: Bribery, burglary, theft, arson, obtaining 
goods under false pretenses, perjury, forgery, embezzlement, 
bigamy, duelling. 

Summary. — Let us sum up these qualifications without ex- 
planation: (1) A man, (2) a citizen, (3) twenty-one years old, 
(4) two years in the state, (5) one year in the district (except 
a preacher), (6) paid all taxes due, (7) can read or understand 
the Constitution, (8) registered, (9) not an idiot, (10) not in- 
sane, (11) not an untaxed Indian, (12) not a criminal. 

Every person in the state who has these twelve qualifica- 
tions may vote in Mississippi. 



154 THE FEDERAL UNION 



ELECTIONS 

Controlled by Laws and Parties. — The process by which a 
citizen of the state is elected to office is controlled (1) by the 
Constitution and laws of the state, and (2) by the decrees of 
the political parties. There are certain things that must be 
done, because the Constitution or laws of the state require 
them, and certain other things that must be done because the 
party requires them. 

Announcement of Candidacy. — In the first place, when there 
is an office to be filled, any number of candidates may an- 
nounce themselves for the office. They usually make their 
announcements in the state or county papers. They also do 
it personally at public gatherings wherever and whenever it is 
convenient. The midsummer picnic or barbecue is the time 
and place for the affable office-seeker. On these occasions he 
modestly offers his services to his fellow-countrymen. The 
law does not require a man to announce, yet it does not pro- 
hibit him from so doing, and he is glad to do it because he is 
usually anxious for the people to know that he is willing to 
serve them. 

Nominations for Office. — Next in order comes the nomina- 
tion. This is purely a party affair. Each party wants only 
one candidate for each office; if it has more than one candidate 
for any one office — and this is usually the case — it nominates 
only one of them to run in the general election. The nomina- 
tions are made in primary elections. 

The primary is like any other election, except that members 
of one party only are allowed to vote in it. If it is a demo- 



AND MISSISSIPPI 155 



cratic primary, only democrats are allowed to vote; and if it is 
a republican primary, only republicans are allowed to vote. 
Each and every party in the state may have a primary if it so 
desires. 

Sometimes each party has more than one primary. The 
first one is held, and if no one receives a majority of all the 
votes cast, the two candidates receiving the highest number 
of votes run in a second primary. 

The state legislature makes the laws controlling the pri- 
mary elections. 

The primaries are held during the summer months, preced- 
ing the general election in November; so by the time the gen- 
eral election takes place each party has reduced the number 
of its candidates to one for each office. 

Constitutional Provisions as to Elections. — The Constitution 
provides that the general election shall be held on the first 
Tuesday after the first Monday in November every four years, 
beginning in 1895. It further provides that "all elections 
shall be by ballot." 

Ballots. — Printing of. In order to insure fairness in the 
election, it is important that the ballots be properly printed. 
One of the election commissioners is designated in each county 
to attend to this. The printer whom he employs to do the 
work is sworn to keep secret the contents of the ballots. 

Contents of. The ballot shall contain the names of all 
the candidates who have been nominated as much as fifteen 
days before the election. There shall be nothing printed on 
the ballot to indicate to what party any candidate belongs. 
There is no special order in which the names shall come; this 



156 THE FEDERAL UNION 

is left to the judgment of the election commissioner selected 
for that purpose. No name may be left off except by the 
written order of the candidate himself sent to the commis- 
sioner ten days before the election. 

One blank space is left under the title of each office, and if 
any one of the candidates whose name is printed on the ballot 
dies before the election, another name may be written in this 
blank space by the voter. 

On the back of the .ballot must be printed the words "offi- 
cial ballot," together with the name of the voting precinct and 
the date of the election. 

When Written. If for any cause the ballots fail to reach 
the precinct before the time set for opening the polls, each 
voter may write out his own ballot and vote it. 

Officers of an Election and the Voting. — In order to hold an 
election six officers are required: two clerks, three managers, 
and one bailiff. 

It is the duty of the bailiff to see that the peace is kept and 
that the laws and regulations of the election are not vio- 
lated. 

The clerks and managers sit at a table, on which the ballot 
box is placed. When a man comes up and calls for a ballot, 
the manager looks over the poll book for his name. If he finds 
it, and no one objects, a ballot is handed the voter, who imme- 
diately goes alone into one of the booths provided by the 
sheriff and marks his ballot by placing an X opposite the name 
of each candidate for whom he wishes to vote. Before leaving 
the booth, he must fold his ticket so that the marks he has 
made on it cannot be seen, and so that the words printed on 
the outside can be seen. 



AND MISSISSIPPI 157 



Then he carries the ballot back to the manager to whom has 
been assigned the duty of receiving the ballots. As the man- 
ager puts it in the ballot box, he calls the, voter's name and 
says "voted," and at the same time one of the clerks takes the 
name down on his list and the other one makes the proper en- 
try on the poll book. 

If a voter by accident spoils his ticket, he may get others, 
one at a time, by carrying back the spoiled ones; he is not al- 
lowed, however, to receive more than three in all. 

A man who is physically unable to make out his ballot may 
have one of the election officers make it out for him; but the 
officer who makes it out must write on the back of it the state- 
ment over his own signature that he did make it out. 

This method of voting is known as the Australian System. 
It is so called because it originated in Australia (1856). The 
purpose of the system is to enable every man to vote accord- 
ing to his own judgment without the chance of bribery or 
"bulldozing" on the part of anyone else. 

The Returns. — When the hour set by law for closing the 
polls arrives, the officers of the election stop the voting, open 
the ballot box, take out the ballots, and count the votes. In 
making the count, one of the managers takes out a ballot, 
reads the names of the candidates marked with an X, and 
passes it to the other judge, in order that he may see that it 
was correctly read. As the names are read, each clerk repeats 
them aloud and makes on a blank sheet of paper a record of 
the votes cast for each candidate. These two papers are the 
tally-sheets. If any ticket is improperly marked, it is thrown 
out and not counted, or enclosed in an envelope and submitted 
to the proper returning board. 



158 THE FEDERAL UNION AND MISSISSIPPI 

After the count, all the ballots (even spoiled and unvoted 
ones), together with the tally-sheets, are locked up in the bal- 
lot box, the hole in the top of the box is sealed, and a man, 
called the " returning officer," carries the box to the county 
seat. Thus all the returns from the county come to the county 
seat. There a board receives the returns. If it is a county 
election that has been held, this board counts the votes and 
declares the result. If the election was held for state officers, 
the board compiles into one tally-sheet the returns of the en- 
tire county, and sends it to the secretary of state. In like 
manner the returns from all over the state are sent to him; he 
keeps them sealed till the legislature meets. As soon as a 
speaker of the house is elected, he delivers the returns to him. 
The speaker opens them in the presence of the house, which 
counts them and announces the result. 

Cost. — The cost of an election is paid by the county in which 
it is held. 



OUTLINE OF CHAPTER XIII 

REGULATION OF THE FINANCIAL AFFAIRS OF MISSISSIPPI 

Introductory. Sec. of Const. 

b l Taxation. 

b 2 Expenses of Government. 

Constitutional Provisions. 

b 1 Officers' Salaries 78, 92, 93, 108, 267 

c 1 Paid according to Work. 



Deductions made for Neglect. 



c 3 Cease at Death. 

c 4 Cease on Retirement. 

c 5 Sinecures forbidden. 

c 6 Personal Attention required. 

6 2 Appropriations 63, 64, 68-70, 73 

c 1 Maximum Amount stated. 

c 2 Limit of Time fixed. 

c 3 Subject-matter restricted. 

c 4 Manner of Passage provided. 

6 3 Donations 66, 95, 96, 269, 270, 272 

c 1 Necessary Majority required. 

c 2 Extra Fee forbidden. 

c 3 Sectarian Donations forbidden. 

c 4 Pensions provided. 

6 4 Credit of the State 258 

b 5 Debts due the State. 

6 6 Officers ineligible to succeed themselves 116, 134, 135 

b 7 Land 79, 84, 95 

6 8 Fiscal Year and Political Year 115, 257 



CHAPTER XIII 

REGULATION OF THE FINANCIAL AFFAIRS OF 
MISSISSIPPI 

INTRODUCTORY 

Taxation. — The machinery of government is run with money 
which is raised by collecting taxes from the people. A tax is 
sometimes imposed on a person: for example, the poll tax. 
It is sometimes imposed on a business; for example, the tax 
on the business of practicing law. But the greater portion of 
state taxes is raised by imposing a tax on the property of the 
people. It is right that the people whose lives, liberties, and 
property are protected by the government should pay the ex- 
penses of the government. 

The proper exercise of the power to levy and collect taxes 
is of prime importance in the conduct of government. Mil- 
lions of dollars taken from the people to meet the necessary 
expenses of government are justly taken. On the other hand, 
the taking of a single dollar more than is needed, is tyranny 
and should not be tolerated. 

The abuse of the taxing power has caused many changes in 
governments. Before the acceptance of the Magna Charta 
by King John of England, the people of that country had been 
taxed according to the will of its rulers. That document pro- 
vided that taxes should be imposed only with the consent of a 



162 THE FEDERAL UNION 

national council composed of representatives of the property 
owners. Because he levied taxes unjustly, Charles the First, 
of England, was beheaded and his family driven into exile. 
Unjust taxation also brought on the Reign of Terror in 
France. " Taxation without representation" aroused America 
to win its freedom. 

Expenses of Government. — The amount of money used to 
run the government is, of course, not the same each year. The 
legislature decides how much is required for the state; the 
board of supervisors of a county decides how much is required 
for a county. 

To protect the taxpayer, the Constitution makes certain 
rules and imposes certain restrictions regarding the expendi- 
ture of public money. 

CONSTITUTIONAL PROVISIONS 

Officers' Salaries. — Paid According to Work. In five 
different sections, the Constitution of Mississippi says in effect 
that its officers shall be paid according to the work they per- 
form. 

Deductions Made for Neglect. Section 78 says that 
the legislature shall regulate by law the cases in which deduc- 
tions shall be made from salaries of public officers for neglect 
of official duty. 

Cease at Death. Section 92 declares that the salary of an 
officer shall cease when he dies. 

Cease on Retirement. Section 93 provides that no offi- 
cer shall be retired on pay, or part pay, nor any grant be made 
to him on his retirement. 



AXD MISSISSIPPI 163 



Sinecures Forbidden, Mississippi makes no provision 
for sinecures in its governmental system. Section 108 says 
that when the duties pertaining to any office shall be taken 
away, then the salary of the person holding the office shall 
cease. 

Personal Attention Required. Section 267 provides 
that no officer elected or appointed to any office in Mississippi 
shall hold such office, unless he personally devotes his time to 
performing the duties of that office. 

Appropriations. — The Constitution places exact and definite 
restrictions upon the power of the legislature to appropriate 
public money : 

1. Maximum Amount Stated. It declares that no bill ap- 
propriating money shall be passed unless it states the maxi- 
mum amount appropriated. 

2. Limit of Time Fixed. The possibility of a perpetual 
drain on the treasury is prevented by a provision of the Con- 
stitution that no law appropriating public money shall con- 
tinue in force more than six months after the next regular 
meeting of the legislature. 

3. Subject-Matter Restricted. The Constitution re- 
quires that every bill appropriating money shall contain no 
legislative provisions other than those relating to the appro- 
priation. Thus every appropriation bill must pass or fail upon 
its own merits. 

4. Manner of Passage Provided. The Constitution con- 
tains several provisions as to the manner of passing appropri- 
ation bills: 



164 THE FEDERAL UNION 

"It provides that no appropriation bill shall pass during the 
last five days of the session. Why is this? 

It also requires that every bill appropriating money shall 
receive the votes of a majority of all the members elected to 
each house of the legislature. 

Then again, it provides : " No revenue bill, or bill providing 
for assessments of property for taxation, shall become a law 
except by vote of at least three-fifths of the members of each 
house present and voting." 

Moreover, it gives the governor power to veto parts of an 
appropriation bill and to approve other parts of it. The parts 
thus approved become law. 

Donations. — There are several constitutional provisions on 
the subject of donations: 

1. Necessary Majority Required. In the first place, the 
Constitution provides that if a donation is made at all, the bill 
authorizing the donation must be passed by a two-thirds vote 
of both houses. 

2. Extra Fee Forbidden. It has sometimes happened 
that after a contract has been made by the government to pay 
a certain amount for work to be done, the contractor would 
come back and claim that he could not finish the work for the 
amount agreed upon. On this subject the Constitution says 
that no extra fee or compensation shall ever be given after a 
contract has been made. 

3. Sectarian Donations Forbidden. The Constitution 
emphasizes the declaration that no donation whatever shall 
be made for a sectarian use. Not only shall the legislature 
never make such a donation from the treasury, but no indi- 



AND MISSISSIPPI 165 



vidual shall ever leave any money or property, by will, to any 
religious denomination, corporation, society or association. 
Why? 

4. Pensions Provided. The Constitution says that the 
legislature shall provide by law to pay pensions to ex-Confed- 
erate soldiers and sailors and their widows, resident in the 
state, who are not able to earn a living by their own labor. 
The amount appropriated to this cause is small. 

Credit of the State. — The Constitution declares that the 
credit of the state shall not be pledged or loaned in the interest 
of any person, association, or corporation; and that the state 
shall not become a stockholder in any corporation or associa- 
tion. These provisions were made because of the fact that 
before their adoption Mississippi had some sad experiences in 
lending its credit in aid of what was represented to be, and 
believed to be, enterprises that would promote the welfare of 
the people of the state. 

Debts Due the State. — All debts due the state, any levee 
board, or any county, city, or town in the state, shall be paid. 
It is a debt to the whole people and must be settled in full. 

Officers Ineligible to Succeed Themselves. — There are two 
officers of the state who handle the public money of the state. 
Neither of these is allowed to succeed himself or the other in 
office. They are the state treasurer and the state auditor. 
There are two officers in each county who handle the public 
money of the county. Neither of these is allowed to succeed 
himself or the other in office. They are the sheriff and county 
treasurer. The governor is not allowed to succeed himself in 
office. Why is this? 



166 THE FEDERAL UNION AND MISSISSIPPI 

Land. — The disposition of land is also safeguarded in the 
Constitution. It provides (1) that laws shall be enacted that 
will limit or restrict or prevent non-resident aliens from ac- 
quiring or holding land in Mississippi; (2) that the legislature 
may limit or restrict the acquiring or holding of lands by cor- 
porations in Mississippi; (3) that public lands shall never be 
given away. 

Fiscal Year and Political Year. — " Fiscal" means pertaining 
to money. The twelve months within which accounts are 
made and settled constitute the fiscal year. The fiscal year in 
Mississippi begins October the first of each year. 

The political year begins the first Monday in January. 



OUTLINE OF CHAPTER XIV 

REGULATION OF CORPORATIONS IN MISSISSIPPI 

See. of 
Corporations in General. Const. 

b 1 Need, Nature, Definition 199 

b 2 Charter 178 

b 3 Stockholders and Directors 194 

6 4 Taxation 112, 181, 182 

b 5 Eminent Domain 190 

Railroad Companies. 

b 1 Rights and Duties 184 

b 2 Restrictions 

c 1 Chartered by Mississippi 197 

c 2 No Watered Stock ' 196 

c 3 Collection of Debt against Railroads 185 

c 4 As to passing through County Seats 187 

c 5 Extortionate Rates Forbidden 186 

c 6 Granting of Passes Forbidden 188 

c 7 Rights of Employees 193, 191 

b 3 Liability of Common Carriers 184, 195 

b 4 Railroad Commission 



CHAPTER XIV 
REGULATION OF CORPORATIONS IN MISSISSIPPI 

CORPORATIONS IN GENERAL 

Need, Nature, Definition. — Some enterprises are so extensive 
and so costly that individual persons are not able or willing to 
undertake them. Moreover, the proper development of them 
may require such a long time that the life of one generation is 
not sufficient for its accomplishment. To meet these needs 
and conditions the corporation has been devised. 

A corporation is a creature of law. A legislative body 
creates it, names it, and tells it at its birth how long it shall 
live. It is granted certain powers by its creator, the legisla- 
ture. 

In order that there may be no misunderstanding as to what 
the term "corporation" means, the Constitution says: "The 
term corporation * * * shall include all associations 
and joint stock companies for pecuniary gain, having privi- 
leges not possessed by individuals or partnerships." 

Charter. — The paper setting forth what a corporation may 
do and what it shall not do is called a " charter." Within the 
limits of its charter a corporation acts just as an individual. 
It may make debts and pay them; it may buy property and 
sell it; it may sue and be sued. But a corporation has no 



170 THE FEDERAL UNION 

powers except those given it in its charter, and the powers 
necessarily implied from those expressly given. 

Two important limitations are placed upon the charters of 
all corporations in Mississippi: (1) No charter for any private 
corporation for pecuniary gain shall be granted for a longer 
period than ninety-nine years; (2) the legislature has at all 
times the power to alter, amend, or repeal any charter when 
the public good seems to demand it. 

Stockholders and Directors. — The property of a corporation 
is usually represented by stock, and the individuals who own 
the stock are called stockholders. There may be hundreds of 
people that are stockholders in a corporation, but they do not 
act individually for the corporation, nor are they individually 
liable for the debts of the corporation. 

The business of a corporation is conducted by directors. 
These are themselves stockholders and are elected to their 
office by the stockholders. No one shall serve as a director 
who is interested in a competing business " without the consent 
of a majority in interest of the stockholders thereof.' - ' The 
directors, having been elected by the stockholders, in turn 
elect the officers of the corporation, such as the president, 
the secretary, etc. 

Taxation. — As to taxation the Constitution provides that 
(1) all corporation property shall be assessed at its true value, 
and the tax on it shall be paid as on any other property; (2) 
that the power to tax corporations shall never be surrendered 
or abridged. The legislature, however, may exempt from tax- 
ation manufacturers and "other new enterprises of public 
utility" for a period of five years from the time of granting 
their charters. 



AND MISSISSIPPI 171 



Eminent Domain. — Eminent domain is the right of a state 
to take private property for public use. The Constitution 
reserves to the state the right to take for public use the prop- 
erty of corporations, as well as that of individuals. The legis- 
lature may take the property and franchises of any corporation 
in the state and subject them to public use. But no property 
of an individual or of a corporation can be taken by the state 
under the right of eminent domain, or even damaged, until the 
owner is first paid for the property, or for the damages done 
to it. 

RAILROAD COMPANIES 

Rights and Duties. — Every railroad company in the state 
shall have the right to construct and operate railroads between 
any points in the state, and to connect at the state line with 
the roads of other states. Every railroad shall have the right 
to intersect, connect with, or cross any other railroad. 

All railroad companies in Mississippi are required to receive 
and transport each other's passengers, freight, and cars, with- 
out unnecessary delay and discrimination. 

Restriction. — Mississippi, believing that the government 
has the right to control railroad companies, has laid certain 
restrictions upon them : 

1. Chartered by Mississippi. Mississippi requires that 
every railroad company doing business in the state shall be 
chartered by the state. It does not allow the legislature to 
grant to any foreign corporation the license to buy, build, 
operate, or lease any railroad in the state. 



172 THE FEDERAL UNION 

2. No " Watered " Stock. There has been among corpora- 
tions, especially railroad companies, a practice of issuing what 
is called " watered stock." This is stock issued in excess of the 
real value of the property of the corporation. For instance, 
a corporation, beginning business with property worth $100,- 
000, issues $100,000 of stock, par value. Those wishing to 
become stockholders buy and pay for this stock at its par 
value and the purchaser gets value received for his money. If 
the corporation afterwards issues and sells at par an additional 
$100,000 of stock while owning only the $100,000 of property, 
the purchaser does not get value for his money. To prevent 
such frauds, Mississippi says that transportation companies 
shall not issue tl watered stock"; the Constitution declares: 
"All fictitious increase of stock or indebtedness shall be 
void." 

3. Collection of Debts Against Railroads. If a rail- 
road company in Mississippi owes a debt, the creditor may, 
having first secured a judgment in court fixing the amount of 
the debt, sell any of its property in order to collect the debt. 
The rolling stock of a railroad company, which means its en- 
gines and cars, is personal property, and is liable to be seized 
under execution and sold to pay a debt as is the personal prop- 
erty of individuals. 

4. As to Passing Through County Seats. The public 
buildings of the county seat belong to the whole people of the 
county. Anything that affects their value affects the entire 
county. If a railroad should run near the county seat but not 
to it, the value of the public buildings at the county seat would 
be lessened. To prevent such wrongs Mississippi declares in 
its Constitution: "No railroad hereafter constructed in the 



AND MISSISSIPPI 173 



state shall pass within three miles of any county seat without 
passing through the same, and establishing and maintaining a 
depot therein, unless prevented by natural obstacles; provided, 
such town or its citizens shall grant the right of way through 
its limits and sufficient grounds for ordinary depot purposes." 

Extortionate Rates Forbidden. — The legislature shall pass 
such laws as effectually to prevent extortion and unjust dis- 
crimination in the rates charged by railroads and all other 
common carriers. The penalty may extend to the forfeiture 
of their franchises. 

Granting of Passes Forbidden. — Railroads are not allowed 
to grant free passes or to sell tickets at a discount to any officer 
of the state or any officer of any district, county, city, town, 
or village in the state, except to the railroad commissioners. 

Rights of Employees. — At one time it was a difficult matter 
for an employee of a railroad corporation to recover damages 
from the corporation for an injury suffered by him or done to 
him while engaged in his work as such employee. For a long 
time the law was that an employee could not recover damages 
for an injury suffered by him or done to him where the injury 
resulted from the negligence (want of care) of the employee's 
"fellow-servant," and by " fellow-servant" was meant some 
other employee of the railroad. As nearly all injuries to an 
employee resulted from the want of care on the part of some 
other employee, that is some fellow-servant, it followed that 
there were but few instances in which the employee could 
recover damages for his injuries. The difficulty in recovering 
damages by an employee was increased by the provisions of a 
law that permitted the railroad corporations to make con- 



174 THE FEDERAL UNION AND MISSISSIPPI 

tracts or agreements with their employees by which the. em- 
ployees were not to claim any damages if they were hurt, or 
were to claim but a small sum. Such laws were unfair and 
unjust to the employee. 

Our present Constitution has wisely changed these things: 
it declares in substance that if a railroad furnishes its em- 
ployees defective and unsafe machinery and cars to carry on 
its business, then it must pay for injuries suffered by em- 
ployees on account of such. The law still excepts conductors 
and engineers from recovering damages. Is there a reason 
for this exception? (Read in full Sec. 193 of the Constitution.) 

Common Carriers. — The Constitution declares all railroad, 
express, telegraph, telephone, and sleeping car companies to 
be common carriers in their respective lines of business and 
subject to liability as such. 

Railroad Commission.— It is the duty of the railroad com- 
mission to see that the laws regarding railroads and other com- 
mon carriers are properly enforced. (See page 128.) 



OUTLINE OF CHAPTER XV 
COUNTY GOVERNMENT IN MISSISSIPPI 

a 1 County Government. 
b 1 Introductory. 

c 1 Origin and History. 

c 2 Geographical Subdivisions. 

d l Supervisors' Districts. 

d 2 School Districts. 

d 3 Townships and Subdivisions. 
c 3 Things to be done. 
b 2 Officers of the County as a whole. 
c 1 Board of Supervisors. 
c 2 Assessor. 
c 3 Sheriff. 
c 4 Treasurer. 
c 5 Clerks of Courts. 

d 1 Chancery Clerk. 

d 2 Circuit Clerk. 
c a Superintendent of Education. 
c 7 Coroner and Ranger. 
c 8 Surveyor. 

6 3 Officers of the District. 
c 1 Justice of the Peace. 
c 2 Constable. 

6 4 Summary. 



CHAPTER XV 
COUNTY GOVERNMENT IN MISSISSIPPI 

INTRODUCTORY 

Origin and History. — Let us briefly review the origin and 
history of the county. Over eight hundred years ago, after 
William the Conqueror had come into possession of England, 
he parceled out the land to his followers. The large holdings 
were called counties. Even before that time there had been in 
England divisions that might be classed as counties; but the 
name itself did not originate until after the Norman Conquest. 

Five and a half centuries later, when the Cavaliers came to 
Virginia, they brought the system and the name with them, 
and the settlements in the Southern states were gradually 
divided into counties. 

There were at least two good reasons why the county be- 
came the unit of government in the South: (1) The settlers had 
been country gentlemen in England, and naturally brought 
their former system with them; (2) the soil and climate of the 
South were favorable to farming, and it became the chief oc- 
cupation. The result was a widely scattered people. Such 
conditions led to the county system of government. 

Mississippi was settled mainly by people from Virginia and 
other Southern states. They brought with them the county 



178 THE FEDERAL UNION 

system, and so from the time of the organization of the state 
it has been divided into counties — from three in 1798 to sev- 
enty-eight in 1910. 

The county is the unit of government in Mississippi, but it 
is not a sovereign unit. It is a subdivision of the state, and is 
subordinate to the state. The legislature has ultimate con- 
trol of the county. 

Geographical Subdivisions. — For the convenience of the 
people each county is divided in several ways : 

1. Supervisors' Districts. Each county is divided into 
five supervisors' districts, or beats. These are known by num- 
ber from first to fifth. These in turn are divided into smaller 
parts, called voting precincts. 

2. School Districts. For educational purposes each 
county is divided into school districts. These are somewhat 
irregular in shape and size, governed largely by the nature of 
the country and the number of educable children. The ideal 
school district is three miles square and contains nine square 
miles. If a schoolhouse were exactly in the center of such 
a district, what is the greatest distance a child living in it 
could be from school? 

3. Townships and Subdivisions. Furthermore, the land 
of each county is surveyed and laid off into townships — square 
blocks six miles on the side. These in turn are subdivided 
into sections, numbered from one to thirty-six, beginning at 
the northeast corner of each township. Each section may be 
subdivided still further, at the will of the owner. 

Things to Be Done. — In the government of a county there 
are many things to be done. 



AND MISSISSIPPI 179 



County property is to be looked after. The roads and 
bridges and ferries are to be supervised, County taxes must 
be attended to, and claims against the county adjusted. 
County convicts and paupers require attention. 

The property in the county must be assessed so that the 
taxes may be adjusted. These taxes must be collected. 
There must be some one to take care of the money when it is 
collected. 

There must be courts to attend to judicial matters. These 
courts must have officers to conduct them. 

The cause of education is the most important matter in the 
government of the county, and must be looked after. 

Deaths from unknown causes should be investigated. The 
lives of its citizens is a matter of prime importance to the 
state. 

Live stock that has strayed must have attention. 

The boundaries and location of the lands of the county must 
be kept regulated. 

There are certain officers whose duties are to look after all 
of these matters. These will now be considered. 

OFFICERS OF THE COUNTY 

Board of Supervisors. — The board of supervisors consists of 
five men, each of whom is elected by the voters in his own dis- 
trict. You have learned that a United States congressman, 
although elected in the state, is a United States officer, and is 
paid by the federal government; likewise, a member of the 
board of supervisors is a county officer and is paid by the 
county. 



180 THE FEDERAL UNION 

The supreme court has declared that the board of super- 
visors is a court. A decision by the board is treated as a 
decision of a court, and an appeal may be taken from it to the 
circuit court. 

The board, however, has other functions than those of a 
court. Some of these are as follows: (1) To look after the 
county property, such as jails, courthouses, etc. ; (2) to attend 
to county roads, bridges, ferries; (3) to lay county taxes, in- 
side of a limit fixed by the legislature; (4) to defend the county 
in all lawsuits brought against it ; (5) to make regulations as to 
county convicts and paupers; (6) to order elections and to fill 
vacancies. 

Thus it will be seen that the powers and duties of the board 
are largely legislative as well as judicial. 

Assessor. — The duty of the assessor -is to assess the property 
and to levy the poll tax of the county. He requires every 
property holder to state under oath what property he has and 
what the value of it is. The assessor takes these individual 
lists and makes three copies of them in large blank books made 
for the purpose. The supervisors look over the assessor's 
valuation of the real estate and equalize it — that is, if they 
think the valuation of any particular piece of property is too 
low they raise it ; if they think it is too high, they lower it. 

Sheriff. — Then there must be some one to collect the taxes 
on this property. The sheriff does this. If a person does not 
pay his taxes of his own accord, enough of his property to pay 
them must be sold by the sheriff. After the sheriff collects 
the taxes, he makes his report to the state auditor of public 
accounts. 



AND MISSISSIPPI 181 



Aside from this important duty, the sheriff has several 
others. He is the principal peace officer of the county. It is 
his duty to wait upon the courts, to serve all the papers issued 
by the courts, to make all arrests, to take charge of all prison- 
ers, and to execute all orders of the courts. If a man is to be 
arrested, the sheriff arrests him; if he is to be put in jail, the 
sheriff puts him there; if he is to be hanged, the sheriff hangs 
him. 

Treasurer. — When the money from taxes or from any other 
source is collected, some one is needed to take charge of it. 
The treasurer is the officer who does this. He kt^eps it, is re- 
sponsible for it, and pays it out upon warrants drawn upon 
him. 

Clerks of Courts. — As already stated, each county has four 
sessions of court at its county seat every year. Two of these 
are sessions of the chancery court ; the other two, of the circuit 
court. Each county has a clerk for each court. 

Chancery Clerk. — The chancery clerk waits upon the chan- 
cery court while ft is in session in the county. When the court 
is not in session, he attends to other duties. Some of these 
are: (1) To record all deeds, deeds of trust, mortgages, wills, 
and other instruments of writing that need to be recorded; (2) 
to act as clerk to the board of supervisors ; (3) to take the ac- 
knowledgment of any deed, mortgage or other paper requir- 
ing acknowledgment before an official; (4) to issue to the 
teachers in the public schools warrants on the county treasurer 
for their salaries. These warrants are issued by the clerk 
upon presentation by the teacher of a certificate from the 



182 THE FEDERAL UNION 

county superintendent. The certificate shows the amount to 
be paid to the teacher for his services; 

In general, the business of the chancery clerk is with the 
records of the county. Thus the office is one of the most im- 
portant in the county. 

Circuit Clerk. — The circuit clerk waits upon the circuit 
court during its sessions in the county. He writes out the 
summonses, warrants, tickets, etc. He swears the jury and 
witnesses, receives and reads the verdicts of the petit jury, and 
records the true bills found by the grand jury. 

Some of his other duties are: (l).To register voters, (2) to 
issue marriage licenses. For issuing a marriage license he re- 
ceives a fee of $3. 

Superintendent of Education. — The duties of the superin- 
tendent are fully set forth in the chapter on "The Public 
School System." It is sufficient to say here that his part in the 
county government is to look after its educational interests. 

Coroner and Ranger. — The offices of the coroner and ranger 
are filled at the same time by the same man. 

As coroner his duty is to investigate the causes of death 
where some one has died in an unknown way. In making such 
investigation he may have a jury and examine witnesses. 

A peculiar fact about his office as coroner is that he has the 
right to arrest the sheriff, and he succeeds to the office of 
sheriff in case of a vacancy. 

As ranger his duty is to dispose of stray stock. 

Surveyor. —The surveyor surveys the land of the county. 
If any one in the county is uncertain as to the boundaries of 
his land, he employs the surveyor to determine the lines. 



AND MISSISSIPPI 183 



OFFICERS OF THE DISTRICT 

Number, Titles, Election, Term. — For each beat, or district, 
there are two officers, the justice of the peace and the con- 
stable. Each is elected by the voters of his own beat, and 
holds his office for four years. 

Justice of the Peace. — The Constitution requires that the 
justice of the peace shall have resided in the district at least 
two years just preceding his election. His chief business is to 
hold court. (See page 137.) 

In addition to his duties as judge, a justice of the peace (1) 
may perform a marriage ceremony; (2) he may take an ac- 
knowledgment of a deed, mortgage, or other like papers ; and 
(3) he may hold a committing trial in the case of an alleged 
murder, and bind the defendant over to the circuit court. 

Constable. — The constable is the executive officer of the 
beat or district. His duties as an officer of the district are 
similar to those of the sheriff of the county. He serves all the 
papers for the justice court and executes all of its judgments. 

Summary. — Thus we see that the county originated long ago 
with our English ancestors, is the unit of government in Mis- 
sissippi, is subdivided for the convenience of the people, has 
officers to attend to all of its local affairs, and makes its final 
report to the state. 



OUTLINE OF CHAPTER XVI 
MUNICIPAL GOVERNMENT IN MISSISSIPPI 

a 1 Introductory. 
b l Definition. 
b 2 Classification. 

c 1 Cities — 2000 or more inhabitants. 

c 2 Towns— 300 to 2000 inhabitants. 

c 3 Villages— 100 to 300 inhabitants. 
b 3 Creation of a Municipality. 

c 1 Petition — Published or posted three weeks. 

c 2 Petition — Then presented to Governor. 

c 3 Officers — Appointed by Governor. 

c 4 Proclamation — By Governor. 

a* Government of Cities. 

b l Officers and their Duties. 
c 1 Mayor. 
c 2 Aldermen. 
c 3 Police Judge or Judges. 
c 4 Marshal or Police. 
c 5 Tax Collector. 
c G Treasurer. 
c 7 Clerk. 
c 8 Street Commissioner. 

a 3 Government of Towns and Villages. 
b l Patterned after City Government. 

a 4 Revenues and General Powers. 

b 1 Revenues. 

b 2 General Powers. 

a 5 Conclusion. 



CHAPTER XVI 
MUNICIPAL GOVERNMENT IN MISSISSIPPI 

INTRODUCTORY 

Definition. — The Constitution of Mississippi recognizes a 
county as a municipal corporation. For the sake of clearness, 
however, the words "municipal corporation" or municipality 
as used in this chapter mean either a city, a town, or a village. 

Classification. — Municipalities in Mississippi are classed ac- 
cording to the number of inhabitants in each, as follows: (1) 
Those having two thousand or more inhabitants are cities; (2) 
those having from three hundred to two thousand are towns ; 
and (3) those having from one hundred to three hundred are 
villages. 

Creation of a Municipality. — There are four steps in the 
creation of a municipality; (1) A petition declaring the desire 
to become a municipality must be published or posted for 
three weeks; (2) this petition must then be presented to the 
governor ; (3) if the governor approves the plan of government 
outlined in the petition, he appoints temporary officers for the 
municipality; (4) by proclamation he declares to the world 
that the municipality has been created. 

GOVERNMENT OF CITIES 

Officers and their Duties. — In general, the officers of a city 
in Mississippi are the mayor, aldermen, marshal or policemen, 



188 THE FEDERAL UNION 

tax collector, treasurer, city clerk, street commissioner, and 
judge or judges of the police court. # 

The Mayor. The principal powers and duties of the mayor 
are: (1) He is the chief executive officer of the city, and in this 
capacity he enforces the city ordinances; (2) he is, ex officio, 
president of the board of aldermen; (3) he has the power to 
veto ordinances passed by the board of aldermen; the board, 
in turn, by a vote of two thirds can override this veto; (4) he 
signs all commissions; (5) he signs warrants on the city 
treasury. 

The Aldermen. The aldermen are the legislators for the 
city. They make the laws for it as the legislature makes them 
for the state. 

The number of aldermen varies according to the population 
of the municipality. In cities of over ten thousand the num- 
ber is left to the discretion of the board itself; in cities from 
four thousand to ten thousand, the number is from five to 
nine. 

Police Judge or Judges. The police court, presided over 
by the police judge or judges, may be termed the judicial 
department of the city. The jurisdiction of this court is simi- 
lar to that of the justice of the peace court in the counties. 

Minor Officers. The duties of other officers are indicated 
by their names : 

The policemen arrest disorderly persons, wait on the police 
court, give information to those who apply for it ; and in 
general they are the guardians of life and property in the 
municipality. 

The tax collector collects the city taxes. 



AND MISSISSIPPI 189 



The treasurer keeps the city's money and pays it out on 
warrants drawn by the mayor and aldermen, 

The clerk keeps a record of all ordinances, orders, and judg- 
ments. 

The street commissioner looks after the streets, alleys, side- 
walks, etc. 

GOVERNMENT OF TOWNS AND VILLAGES 

Patterned after City Government. — The government of 
towns and villages is similar to that of the cities. Of course 
there are not so many officers, because there are not so many 
people and not so many things to be attended to. In a gen- 
eral way, however, the plan of government is the same. The 
mayor of a town or village usually presides as judge in the 
police court. 

REVENUES AND GENERAL POWERS 

Revenues. — The money for running a municipal govern- 
ment is for the greater part collected as a tax on the property 
of the people of the municipality. The maximum limit of this 
taxation is fixed by the state legislature. Cities and towns 
of more than six hundred inhabitants may lay and collect an 
additional tax, called license tax, upon trades, callings, pro- 
fessions, and occupations carried on within the limits of the 
municipality. 

General Powers. — Some of the important powers granted by 
law to municipalities are: 

1. To sue and be sued. 

2. To buy and sell real estate. 



190 THE FEDERAL UNION AND MISSISSIPPI 

3. To make regulations to secure the general health of the 
municipality. 

4. To regulate and order the cleaning of chimneys. 

5. To prescribe rules for the weighing and measuring of 
things sold in the municipality. 

6. To compel every man, between the age of eighteen and 
fifty-five, to do sixty hours of work on the streets every year, 
or to pay $3.00 in lieu thereof. 

7. To erect, purchase, maintain, and operate waterworks, 
and to prescribe the rates at which water shall be supplied to 
the inhabitants. 

8. To provide for the lighting of the municipality. 

9. To maintain a fire department. 

10. To maintain hospitals, workhouses, and public libraries. 
Conclusion. — Thus it will be seen that the municipality is a 

government within the county and state government. It is 
not a sovereign in itself; it is created by the state, and is sub- 
ject to the state's sovereignty. 



OUTLINE OF CHAPTER XVII 

MISCELLANEOUS PROVISIONS OF THE GOVERNMENT 
OF MISSISSIPPI 

Militia. Sec. of Const. 

b 1 Legislature to Provide for 215 

b 2 Liability to Service 214 

6 3 Officers 216, 217, 218, 219 

6 4 National Guard 221, 219 

Penitentiary. 

b 1 Punishment of Criminals. 

c 1 Object. 

c 2 Leasing 223, 226 

b 2 State Convict Farms. 

Levees. 

6 1 Levee System and Districts 228, 234 

b 2 Boards of Commissioners 229, 233, 235, 239 

b 3 Special Levee Taxes 236, 238 

State Eleemosynary Institutions 209 

Boundaries and Limits of the State 3 



CHAPTER XVII 

MISCELLANEOUS PROVISIONS OF THE GOVERNMENT 
OF MISSISSIPPI 

STATE MILITIA 

Legislature to Provide For. — The legislature is required by 
the Constitution to provide for the organizing, arming, and 
disciplining of a state militia, and to pay them when they are 
called into actual service. 

Liability to Service. — All able-bodied male citizens of the 
state between the ages of eighteen and forty-five are liable for 
service in the militia. 

Officers. — The legislature declares how officers of the militia 
are to be elected. The governor is, ex officio, commander-in- 
chief of the militia, except when they are called into the ser- 
vice of the United States. 

The officers of the militia are one major-general, seven brig- 
adier-generals, and other officers of minor grades. Besides 
these regular officers, there are the members of the governor's 
staff ; the most important member of which is the adjutant- 
general. The staff officers are appointed by the governor. 
Only one of them, the adjutant-general, is paid a salary. 

National Guard. — The legislature is required to support and 
maintain a national guard. This guard consists of not less 
than one hundred men for each member of Congress from Mis- 



194 THE FEDERAL UNION 

sissippi. How many national guardsmen is Mississippi' re- 
quired to support and maintain? 

PENITENTIARY 

Punishment of Criminals. — Persons convicted of felony, and 
not punished in the counties, are sentenced to the state peni- 
tentiary. The object of punishing criminals is to protect the 
public and to reform the criminal. 

The state is forbidden to inflict any cruel punishment. The 
custom of leasing state convicts was found to be cruel, and it 
was abolished in 1894. In times past there has been abuse of 
state prisoners, but the present Constitution and laws make 
such a thing almost impossible. 

State Convict Farms. — For several years past the state, in- 
stead of confining its convicts in the penitentiary, has worked 
them on farms. The experiment has proven highly satisfac- 
tory. The convicts themselves have fared better, and the 
state has cleared a considerable amount of money by the ar- 
rangement. The sexes are kept apart, and the whites and 
the colored are separated as much as may be. All are pro- 
vided with the opportunity for religious worship. 

LEVEES 

Levee System and Districts. — The Constitution contains 
numerous provisions in regard to the control of the waters of 
the Mississippi by levees. It provides that a levee system 
shall be maintained, and that there shall be two levee dis- 
tricts : the Yazoo-Mississippi Delta levee district and the Mis- 
sissippi levee district. No bill changing these districts shall 



AND MISSISSIPPI 195 



even be considered by the legislature unless it has been pub- 
lished for four weeks previously in some newspaper of the 
state. 

Boards of Commissioners. — Matters pertaining to levees are 
attended to by two boards of commissioners, one for each dis- 
trict. Each member of these boards is required to give bond 
in the sum of not less than $10,000. 

Special Levee Taxes. — To secure money for building and 
maintaining the levees, special taxes are collected in each dis- 
trict. There is a land tax of from two to five cents an acre, 
and a tax on every bale of cotton. 



STATE ELEEMOSYNARY INSTITUTIONS 

Institutions, Hospitals, Confederate Home. — The state sup- 
ports institutions for the blind, the deaf and dumb, and the 
insane. It also contributes money to hospitals for the treat- 
ment of the sick, and maintains at Beauvoir an Old Soldiers 
Home for the care of ex-Confederate soldiers. 



BOUNDARIES AND LIMITS OF THE STATE 

Given in Constitution. — The boundaries and limits of Mis- 
sissippi are given in the Constitution. They are clearly shown 
on the outline map of the state on page 196. 



196 



THE FEDERAL UNION AND MISSISSIPPI 



1. Middle of the Mississippi River; thence along the southern line of 

Tennessee to 

2. A point on Tennessee River twenty-four poles south of the mouth 

of Yellow Creek (point marked "y ;; ); thence to 

3. Mouth of Bear Greek; thence to 

4. Northwest corner of old Washington county, Alabama; thence to 




» ALL ISLANDS WITHIN SIX 
« LEAGUES OF SHORE 

BOUNDARIES AND LIMITS OF THE STATE 



5. Point on the Gulf ten miles east of mouth of the Pascagoula; thence 

to 

6. Most eastern junction of Pearl River and Lake Borgne, including all 

islands within six leagues of the shore; thence to 

7. Pearl River; thence to 



8. Latitude 31° north; thence to 

9. Middle of Mississippi River; thence along- 
10. Thread of Stream to 1. 



OUTLINE OF CHAPTER XVIII 
BILL OF RIGHTS IN THE CONSTITUTION OF MISSISSIPPI 

Introductory. 
b 1 Definition. 
b 2 Outline. 

Rights of the People. Sec. of 

b 1 Constitutional Provisions. Const. 

c 1 Origin of Power 5, 6, 32 

c 2 Citizenship 8 

c 3 Assemble and Petition 11 

c 4 Bear Arms 12 

c 5 Freedom, 

d 1 Speech 13 

d 2 Press 13 

d 3 Religion (see Sec. 265) 18 

d 4 Seizure or Search 23 

c 6 Trial. 

d l By Due Legal Process 14 

d 2 Not to be retried after acquittal 22 

d 3 In Open Court 24 

d 4 Accused may defend himself 25 

d 5 Rights of Defense 26 

d 6 Indictment 27 

d 7 Jury 26, 27, 31 

d s Bail, not to be excessive 29 

d 9 Punishment 28 

d 10 Debt 30 

b 2 Limitations. 

c 1 Treason 10 

d 1 Definition. 
d 2 Punishment. 

c 2 Disfranchisement 19 

c 3 Life Tenure of Office 20 



198 THE FEDERAL UNION AND MISSISSIPPI 

a 3 Rights of the State. Sec. of 

b 1 Constitutional Provisions. Const. 

c 1 Sovereignty 6 

c 2 Military Subordinate to Civil Power 9 

c 3 Eminent Domain 17 

b 2 Limitations. 

c 1 Secession, Right not to be assumed 7 

c 2 Slavery, forbidden 15 

c 3 Ex Post Facto Law, not to be passed 16 

c 4 Contracts, not to be invalidated 16 

c 5 Habeas corpus, not to be suspended 21 



CHAPTER XVIII 
BILL OF RIGHTS IN THE CONSTITUTION OF MISSISSIPPI 

INTRODUCTORY 

Definition. — A bill of rights is a list of privileges and limita- 
tions upon the state and its citizens. 

The Outline. — In order to make clear this part of the Consti- 
tution, the rights, as enumerated in the Bill of Rights, have 
been classified under two general headings, " Rights of the Peo- 
ple" and "Rights of the State." It should be borne in mind 
that a limitation of the rights of the state is an additional safe- 
guard of the rights of the people, and that a restriction of the 
rights of the people is a further guarantee of the rights of the 
state. Study the bill itself with the outline before you. Let 
the pupil freely express his opinion as to each section. 

RIGHTS OF THE PEOPLE 

Constitutional Provisions. — Sections 5 and 6 set forth the 
doctrine of the Declaration of Independence which declares 
that governments derive their just powers from the consent of 
the governed ; that whenever any form of government becomes 
destructive to the welfare of the people, it is their right to alter 
or abolish it, and to organize a new one that will insure their 
safety and happiness. 



200 THE FEDERAL UNION 

Section 32 sets forth clearly that all power is originally in 
the people, and that the enumeration of rights in the Consti- 
tution are not to be construed to deny or impair others re- 
tained by the people. In other words, the people have all 
rights except those which they have voluntarily surrendered. 
The Constitution was written expressly for the purpose of 
enumerating the rights which the individual is willing to sur- 
render for the benefit of the community. 

Section 8 defines a citizen of Mississippi. A citizen of the 
United States residing in Mississippi is a citizen of Mis- 
sissippi. 

Section 11 insures the right of the people to assemble and 
petition the government on any subject whatsoever. It seems 
strange that such a privilege should ever have been denied to 
its people by any government, yet there are many instances in 
history where the people were put to death for even asking for 
such rights. 

Section 12 guarantees the right of the citizen to keep and 
to carry arms in defense of his home, person, or property, or in 
aid of the civil power when he is legally summoned to the aid 
of that power. 

Sections 13 and 18 give the citizen freedom to speak and to 
write what he chooses, and to worship God according to the 
dictates of his own conscience. These rights, however, are 
not to be construed as giving a citizen the privilege of libeling 
any one ; nor shall he, under the cover of religious freedom, do 
things that would be injurious to morals, or dangerous to the 
peace and safety of others or of the state. This section further 
declares that the act of excluding the Bible from the public 
schools is not to be justified. 



AND MISSISSIPPI 201 



Section 23 secures the people and their possessions from 
unreasonable search or seizure. 

The remaining sections, as given in the outline, deal with 
matters pertaining to the trial and punishment of the citizen: 

Section 14 guarantees that no person shall be deprived of 
life, liberty, or property without due process of law. It comes 
out squarely against mob law on the one hand, and govern- 
mental tyranny on the other. 

Section 22 provides that a person shall not be imprisoned or 
tried again for an offense for which he has been punished 
already, or for which he has already been tried and acquitted. 

Section 24 guarantees open, free, and fair trial wherein right 
and justice shall be given without sale, denial, or delay. 

Section 25 gives any man or woman in the state the 'privi- 
lege of managing his or her own case in court. 

Section 26 guarantees to the citizen an open, speedy, and 
fair trial when he is accused of any crime ; grants him the privi- 
lege of a jury, and shields him from being compelled to testify 
against himself. 

The purpose of Section 27 is to insure that serious criminal 
charges against a citizen shall be legally found by a grand jury, 
and presented to the court in the form of true bills. 

Section 31 reiterates the right of trial by jury. 

Section 29 forbids the requiring of excessive bail. If a 
court were not limited in this matter, it might demand a bail 
so large that the prisoner could not give it and would therefore 
have to remain in jail. 

Section 28 forbids cruel or unusual punishment and exces- 
sive fines. The idea is that punishment is for the welfare of 
the community, not for the destruction of the criminal. 



202 THE FEDERAL UNION 

Section 30 declares that in Mississippi there shall be no im- 
prisonment for debt. 

Limitations of Rights of the People. — Section 10 defines 
treason, and tells how a person may be convicted of it. There 
are two things only that are treason: (1) Levying war against 
the state; (2) giving aid and comfort to the enemies of the 
state. 

There are two ways only in which a person shall stand con- 
victed of treason: (1) By the testimony of two witnesses to 
the same overt act; (2) by confession in open court. 

Section 19 disfranchises any citizen for taking any part in a 
duel anywhere, either in the state or out of it. 

Section 20 forbids the holding of office for life. 

RIGHTS OF THE STATE 

Constitutional Provisions. — Section 6 emphasizes the fact 
that the state is sovereign within its own jurisdiction, and may 
manage its own affairs in its own way. 

Section 9 declares that the civil power, i.e., the state, shall 
have full and complete control of the military. This provis- 
ion was inserted because of the fact that the history of the 
world shows that the tendency of military power is to usurp 
absolute control of government. 

Section 17 implies the right of the state to take private 
property for public use; yet it acknowledges the right of the 
owner to take the case into court for settlement, if in his judg- 
ment he has not received from the state due compensation for 
his property. 



AND MISSISSIPPI 203 



Limitations of Rights of the State. — Section 7 declares that 
the state shall not assume the right to secede from the federal 
Union. 

Section 15 is almost the exact wording of the thirteenth 
amendment of the United States Constitution. It declares 
there shall be no slavery in the state. 

Section 16 declares that no ex post facto law shall be passed. 
The same section guarantees that the state will never pass a 
law that will interfere with a contract already made. It may 
pass a law forbidding a certain kind of contract to be made, 
but it will not invalidate one that was made before the law 
was passed. 

Section 21 declares that the writ of habeas corpus shall not be 
suspended. This means that the state shall guarantee every 
citizen against illegal confinement and restraint of his liber- 
ties, and that if any citizen is illegally confined or restrained, 
he shall have the privilege of a speedy trial in court. 



APPENDIX 

QUESTIONS FOR DISCUSSION 

CHAPTER I 

Resolved that — 

1. Prior to the Revolution the proprietary government was the best form 

among the colonies. 

2. England was right in requiring the colonies to help pay the French and 

Indian War debt. 

3. The second Continental Congress was more important than the two 

preceding ones. 

4. The "self-evident truths" of the Declaration of Independence are not 

self-evident. 

5. The " tea parties " were unjustifiable. 

6. The Union is older than the Constitution. 

7. The other eleven states would have forced North Carolina and Rhode 

Island into the Union if they had persisted in staying out. 

8. Thomas Jefferson did more for American liberty and government than 

any one else. 

9. The States had the right to secede. 

CHAPTER 11 

Resolved that — 

1. Congress should meet in January instead of December. 

2. Congress should meet only every two years. 

3. The house, and not the speaker, should name the standing committees. 

4. Senators should be elected by direct vote of the people in each state. 

5. The mileage of congressmen should be two cents instead of twenty 

cents. 

6. All the greenbacks should be retired. 

7. The national banking system should be abolished. 



206 THE FEDERAL UNION 

8. There should be a central bank. 

9. We should have free trade. 

10. All money should be collected into the federal treasury by direct tax- 
ation. 

CHAPTER III 

Resolved that — 

1. The government should own all public utilities, such as railroads, tele- 

phone and telegraph lines, etc. 

2. The diplomatic service should be abolished. 

3. Pensions should be abolished. 

4. The appropriations for army and navy should be reduced to one tenth 

of what they now are. 

5. The franking privilege should be abolished. 

6. The federal government should own and control the water power of the 

whole country. 

7. The federal government should look after the preservation of forests. 

8. Federal appointments should be equally apportioned among all the 

states. 

9. The members of the cabinet should have the right to debate all ques- 

tions in Congress. 
10. The veto power should be taken from the president. 



CHAPTER IV 

Resolved that — 

1. There should be life tenure of office. 

2. All judges should be elected by a direct vote of the people. 

3. All cases affecting a state should be tried first in the state court. 

4. The judiciary should have the right to declare a law unconstitutional. 

5. The jury system should be abolished. 

6. Cases before juries should be tried without the pleading of lawyers. 

7. Members of Congress should not be allowed to practise law while in 

office. 

8. The salary of every judge should cease when he retires from the bench. 

9. The concurrence of two thirds of the Supreme Court should be re- 

quired to make its decision binding. 
10. The power to grant injunctions should be denied the courts. 



AND MISSISSIPPI 207 



CHAPTER V 
Resolved that — 

1. Cases of impeachment should be tried before juries of non-office holding 

citizens. 

2. Each state should appoint its own federal officers. 

3. The power to kill a revenue bill should be taken from the senate 

4. The possession of a stated number of inhabitants should of itself 

be sufficient to secure the admission of a territory into the Union. 

5. The acquisition of Hawaii was wise. 



CHAPTER VI 

Resolved that — 

1 . The demand of one third of the states should be sufficient to propose an 

amendment. 

2. A bare majority of the states should be sufficient to ratify an amend- 

ment. 

3. The period of time for which copyrights and patents are granted should 

be shortened. 

4. A bare majority should be sufficient to render a verdict of guilty in an 

impeachment trial. 

5. The powers of the federal government over interstate commerce should 

be enlarged. 

6. Immigration should be restricted more than it is. 

7. Representation in the house of representatives should be according to 

the number of voters only and not according to the entire number of 
people. 

8. The judicial department exercises too large a power in our threefold 

form of government. 

9. In the matter of interstate commerce no federal law should allow what 

the state law prohibits. 



CHAPTER VII 

Resolved that — 

1. The first Constitution of Mississippi was undemocratic. 

2. The makers of the second Mississippi Constitution were the greatest 

men that ever wrote a Constitution for the state. 

3. Every Constitution should be submitted to the people for ratification. 



208 THE FEDERAL UNION 

4. The carpetbaggers in the Black and Tan Convention were better friends 

to Mississippi than the scalawags. 

5. J. Z. George was the greatest man in the constitutional convention 

of 1890. 

CHAPTER VIII 

Resolved that — 

1. The salaries of legislators should be increased. 

2. Members of the legislature should be paid in proportion to the num- 

ber of days they attend its sessions. 

3. The maximum number of senators and representatives allowed by the 

Constitution is too small. 

4. The restrictions on the passage of a law are too severe. 

5. The people should have the power of initiative, referendum, and recall. 



CHAPTER IX 

Resolved that — 

1. There should be no "governor's mansion." 

2. The governor should not have the pardoning power. 

3. The office of lieutenant governor should be abolished. 

4. The revenue agent should be paid a salary instead of a commission. 

5. The governor should hold no office ex officio. 



CHAPTER X 

Resolved that — 

1. All the judges should be elected by the people. 

2. There should be a reformatory school for youthful criminals. 

3. Court should be held in each county only once a year. 

4. That capital punishment should be abolished. 

5. That only those who had formed an opinion on a murder case should be 

allowed to sit as jurors on it. 



CHAPTER XI 

Resloved that — 

1. The public school fund is not equitably distributed. 

2. The school age should be from eight to sixteen. 



AND MISSISSIPPI 200 



3. Teachers should be paid more per month even if it requires the shorten- 

ing of the term. 

4. There should be no separate school districts. 

5. The United States should furnish text-books to pupils free of cost to 

them. 



CHAPTER XII 

Resolved that — 

1 . There should be a property qualification for voting. 

2. All candidates be required to publish their campaign expenses. 

3. Women should be allowed to vote. 

4. Xominations should be made by conventions. 

5. The right to succeed himself should be denied every officer. 



CHAPTER XIII 

Resolved that — 

1. Money loaned at 6 per cent, should be exempt from taxation. 

2. Eight per cent, should be legal rate of interest. 

3. The power of issuing bonds should be denied the state. 

4. The state should collect its taxes semi-annually, half in October and 

half in April. 

5. The banks of the state be required to deposit a guarantee fund in the 

state treasury with which to pay depositors in case any bank in the 
state should fail . 



CHAPTER XIV 
Resolved that — 

1. There should be no alien ownership of land or timber in Mississippi. 

2. When a man contracts to work for a railroad he should not sue for 

damages if he is hurt. 

3. All corporations should have their charters limited to 10 years. 

4. The Mississippi Constitution lays unwise restrictions upon corporations. 

5. The books of all corporations doing business in the state be open for 

inspection by the state at all times. 



210 THE FEDERAL UNION 

CHAPTER XV 

Resolved that — 

1. County convicts should be worked on county roads. 

2. When any money is appropriated for a courthouse or a jail an equal 

amount should at the same time be appropriated to the schoolhouses 
of the county. 

3. The county should issue 50-year bonds and build good roads. 

4. The board of supervisors should assess all real estate in the county. 

5. It would be wise to abolish the office of county treasurer. 



CHAPTER XVI 

Resolved that — 

The property of women in a municipality should be exempt from tax- 
ation. 

Every municipal corporation should own its public utilities, such as 
light plants, street cars, etc. 

Citizens of a municipality should be free from municipal taxation on 
notes that are secured by property outside of the municipality. 

Every citizen of a municipality should be required to keep up the side- 
walks touching his own property. 

Any citizen having a contagious disease that is carried by mosquitoes, 
flies, or sputum, should be fined. 



CHAPTER XVII 

Resolved that — 

1. The net earnings of a convict be paid to his family, if he has a family; 

otherwise, be kept in trust for him. 

2. The term of any convict should be shortened for good behavior. 

3. The entire management of the levees should be assumed by the federal 

government. 

4. There should be no paid officers in the state militia. 

5. Appropriations out of the state treasury for military encampments in 

time of peace should be illegal. 



AND MISSISSIPPI 211 



DEFINITIONS 

The following list of definitions is arranged alphabetically. It would be 
well to have the pupil class kindred ones together; for example: 

Crimes — Arson, Burglary, Felony, etc. 

Political Terms — Ballot, Caucus, Committee of Whole, ete. 

War Terms — Armistice, Belligerent, Contraband of War, etc. 

Acknowledgment. — An acknowledgment is the declaration, before a com- 
petent officer, by any one who signs a paper that he does so of his own will. 
A judge, clerk of a county, justice of the peace, or notary public is compe- 
tent to take an acknowledgment. 

Administrator. — An administrator is one appointed by law to manage 
the estate of a deceased person. 

Alimony. — Alimony is an allowance made to a woman for her support out 
of the estate or income of her husband, or of him who was her husband, 
upon legal separation or divorce from him, or during a suit for the same. 

Armistice. — An armistice is a temporary peace between armies engaged 
in war. 

Arson. — Arson is the malicious burning of another's house. ' 

Attainder, Bill of. — A bill of attainder was a law, which formerly existed 
in other countries, whereby a man was executed, all his estate forfeited, and 
his blood corrupted, so that nothing could pass by inheritance to, from, or 
through him. 

Bail. — Bail is the security given for the appearance of a prisoner in court 
in order to obtain his release from the custody of an officer. 

Ballot. — A ballot is the paper containing the names of the candidates for 
office. 

Belligerent. — A belligerent is a people legally engaged in war. 

Bench Warrant. — A bench warrant is an order issued by a court for the 
attachment or arrest of a person. 

Burglary. — Burglary is the breaking into and entering a dwelling at 
night with intent to commit felony. 

Caucus. — A caucus is a meeting of the members of a single party to trans- 
act party business. 

Citizen. — A citizen is any person born or naturalized in the United States 
and subject to the jurisdiction thereof. 



212 THE FEDERAL UNION 

Cloture. — Cloture or closure is the peremptory closing of debate. 

Committee of the Whole. — The committee of the whole is the entire legis- 
lative body acting as a committee. When the house of representatives 
goes into a "committee of the whole," the speaker appoints a member as 
chairman and he himself takes his place as a member on the floor. 

The form of the motion to dissolve a "committee of the whole" is: "I 
move that the committee rise." 

Contraband-of-War. — A contraband-of-war is that which, according to 
international law, cannot be supplied to one belligerent except at the risk 
of seizure or condemnation by the other. 

During the War between the States, slaves were declared to be contra- 
band-of-war. 

Contract. — A contract is an agreement to do or not to do a certain thing. 
Six essentials of a contract are : 

1. It must be an agreement to do a lawful act. 

2. The thing contracted to be done must be a possibility. 

3. The parties concerned must be competent to contract. 

4. The parties must give their voluntary assent to it. 

5. There must be consideration; if the consideration fails, the contract 
fails. 

6. It must be free from fraud. 

Convention. — A convention is a meeting of people, usually delegates, to 
do some special piece of work. 

The president and vice-president are nominated by a national conven- 
tion. The nomination of other-officers is in a few cases made by conven- 
tion; it is now usual, however, to nominate in primary elections. 

Coverture. — Coverture is the condition of a married woman in common 
law under which her civil rights and her property are transferred to her hus- 
band. 

Dark Horse. — A "dark horse" is a compromise candidate brought in 
when it becomes apparent that no one of the regular candidates can be 
nominated. 

Dead Lock. — A "dead lock" is the condition in which a voting body is 
said to be, when a necessary majority cannot be secured. 

De Facto. — De facto is a condition in fact, as against a sanction of law. 
A state of things may exist in fact when there is no law to warrant it. 

Defendant. — A defendant is a party against whom a lawsuit is brought. 

De Jure. — De jure is a condition warranted by law, but, possibly, not 
true in fact. 



AND MISSISSIPPI 213 



Deposition. — A deposition is the testimony of a witness under oath re- 
duced to writing. 

Docket. — Docket is a book in which is written the record of cases tried in 
court. 

Dower. — A dower is the right of a woman to a third part of all the real 
estate of her deceased husband. 

Duress. — Duress is compulsion by which a person is forced to do or for- 
bear some act. Any instrument of writing executed under duress is void. 

Elector. — An elector is (1) any voter; (2) any person elected to cast a 
vote for some specific purpose; for example, a presidential elector is one 
elected to vote for a candidate for the presidency. 

Electoral College. — The electoral college is the entire body of men who are 
elected to vote for the president and vice-president. The number of elec- 
tors is always the same as the number of congressmen. 

Embezzlement. — Embezzlement is the fraudulent appropriation of prop- 
erty by a person to whom it has been entrusted. 

Eminent Domain. — Eminent domain is the power of the state to take 
private property for public use. 

Evidence. — Evidence is that which is legally submitted to a competent 
tribunal as a means of finding the truth of any matter under investigation. 

Ex Post Facto Law. — An ex post facto law is one, the operation of which 
is fixed to begin at a point of time prior to that at which the law was made. 

Extradition. — An extradition paper is one issued by the chief executive 
of one country upon the same officer in another country for the return of a 
fugitive. 

Execution. — Execution is the carrying into effect of any order of a court. 

Executor. — An executor is the person named in a will as the one to carry 
out its provisions. 

Felony. — A felony is an offense punishable by death, or by a term in the 
penitentiary. 

Fillibuster. — A fillibuster is any parliamentary plan or tactics designed 
purposely to delay the progress of lawmaking. 

Forgery. — Forgery is the fraudulent making or alteration of a paper fix- 
ing liability. 

Franchise. — A franchise is a special privilege granted by a government; 
specifically, the privilege to vote. • 

Frank or Franking Privilege. — A frank or franking privilege is the right 
given by a government to certain of its officers to send things through the 
mails free of postage. 



214 THE FEDERAL UNION 

In our country all congressmen have this privilege. 

Gag Law. — A gag law is a parliamentary rule that prevents free discussion. 

Gerrymander. — A gerrymander is the districting of a state in such a way 
that the political party in power will be enabled to elect a larger number of 
representatives. 

The plan is said to have originated with Elbridge Gerry, of Massachusetts. 

Graft. — Graft is a name applied to money or its equivalent secured by 
some one for doing a service that he should have performed without extra 
pay. 

Habeas Corpus (Thou mayest have the body). — Habeas corpus is the 
name applied to a writ that enables a person who is imprisoned to have a 
speedy trial. It is issued by a court — any court having jurisdiction — to 
the sheriff or other executive officer. 

Both the state and the United States constitutions provide that the writ 
shall never be suspended or denied except in cases of rebellion or invasion. 

Indictment. — An indictment is a written accusation brought in court 
against a supposed criminal. 

Initiative. — Initiative is the power resident in the people to compel their 
representatives to introduce any measure in the lawmaking body, whether 
the representative wishes to do so or not. By its operation the people as a 
whole have a surer opportunity of compelling the passage of laws that suit 
them. 

Injunction. — An injunction is an order from a court whereby a party is 
required to do or refrain from doing certain acts. 

The power has been used in a multitude of ways in this country, and in 
many instances has been abused. 

Jury. — A jury is a body of men impaneled to do a specific work. There 
are three kinds of juries in this country: 

(1) The Coroner's Jury is a body of men impaneled by the coroner 
to determine in case of a mysterious death how it happened. Usually 
twelve men compose this jury. 

(2) The Gr a.nd Jury is a body of men selected to make preliminary 
investigation of crime and bring accusations against suspected law- 
breakers. These accusations are called "true bills." They constitute 
the basis of indictment. There are usually about twenty men on a 
grand jury. 

(3) The Petit Jury sits to try cases in court. The evidence and 
the law bearing on the case is brought before this jury and it decides 
accordingly. Usually twelve men compose a petit jury. 



AND MISSISSIPPI 215 



Larcency. — Larcency is a legal name for stealing. If the amount stolen 
is large, the crime is called grand larceny; if small, petit larceny. 

Legal Tender. — Legal tender is that currency which by law will pay debts. 
Sometimes the law makes a given currency legal tender up to a certain 
amount, and not beyond that; or for certain kinds of debts and not for 
other kinds. 

Libel. — Libel is a written or printed falsehood designed to injure the one 
against whom it is directed. The law allows damages for libel. 

Lobbyist. — A lobbyist is one who solicits the members of a legislative 
body for the purpose of securing legislation favorable to himself or his em- 
ployers. The means he employs are usually criminal or corrupt. 

Logrolling. — "Logrolling" is a mutual agreement of help to carry out 
personal plans. The proposition is: " I'll help you regardless of the merits 
of your case, if you'll help me on the same basis." The practice is usually 
attended by fraud and corruption. 

Majority. — A majority is more than half of the entire number. 

Mandamus. — A mandamus is an order from a higher to a lower court 
directing the lower court to do some particular thing. 

Marine League. — Marine league is the distance out to sea over which a 
country has jurisdiction. 

The ship of a belligerent must not be attacked within the marine league 
of a neutral; this distance is about three miles. 

Marque and Reprisal. — Letters of marque and reprisal are papers issued 
by a government to a private person allowing him to prey upon the com- 
merce of an enemy. Captured by the enemy without these papers, he 
would be treated as a pirate and hanged ; captured with them, he would be 
treated as a prisoner of war. 

Misdemeanor. — Misdemeanor is an offense inferior to felony. The pun- 
ishment is a fine or imprisonment in the local jail or both. 

Neutral. — A neutral is one who, when a war is in progress, does not take 
part in it. 

Nuisance. — A nuisance is a thing that unlawfully works hurt, inconven- 
ience, or damage. An organized community has the right to abolish nui- 
sances. 

Paternalism (pater, father). — The term paternalism stands for the idea of 
a strong, centralized government — the idea that we are to look to the gov- 
ernment for help in all times of need, as a child would look to its father. 

Perjury. — Perjury is false swearing under oath. 

Plaintiff. — The plaintiff is the party that brings a suit in court. 



216 THE FEDERAL UNION 

Plurality. — A candidate is said to have a plurality when he has more 
votes than any one of his opponents, but not more than all of them together. 
There must be more than two candidates in order that one of them have a 
plurality. 

Plutocracy. — A plutocracy is government by the moneyed class. 

Pocket Veto. — The Constitution provides that if the president does 
not return a bill within ten days, it shall become a law without his 
signature; but if Congress should send him the bill, and then adjourn 
before the ten days expire, and the bill has not been signed or re- 
turned before adjournment, it fails to become a law. This is called 
" pocket veto." * 

Previous Question. — The previous question is a parliamentary motion to 
stop debate. The form of the motion is: "I move the previous question." 
If the motion carries, the discussion instantly ceases and the pending busi- 
ness is put to an immediate vote. The previous question is itself not de- 
batable. 

Primary. — A primary election is one held before the regular election. 
Members of one party only are allowed to vote in it. 

Proxy. — A proxy is one who acts for another. When a stockholder can- 
not be present at a meeting, he may appoint as his proxy some one who will 
be present. 

Quorum. — A quorum of any parliamentary body is the minimum number 
required by law to do business. 

Recall. — Recall is the right reserved by the people to put their represen- 
tative out of office whenever they feel disposed to do so. 

Reciprocity. — The policy of reciprocity between two governments would 
be stated thus: "You give me certain trade privileges, and I'll give you 
equivalent ones." 

Referendum. — Referendum is the power reserved by the people to ap- 
prove or disapprove any law passed by their representatives. It enables 
the people, by an immediate and direct vote, to annul any law that has 
been passed. 

Requisition. — A requisition is a paper issued by the governor of one State 
upon the governor of another state requesting the latter to surrender a 
fugitive from justice. 

Rider. — To illustrate: A legislative body is attempting to pass a measure 
of great importance. Some member introduces an addition or proviso to 
the measure and arranges it so that it will be impossible to vote for the 
principal measure without voting for his proviso or addition. Although 



AND MISSISSIPPI 217 



most of those voting do not favor the proviso they vote for it rather than 
lose the principal measure. 

Such a proviso or addition to a bill is called a " rider"; it "rides" in on 
the popularity of the principal measure. 

Senatorial Courtesy. — A senator from one particular state is supposed to 
suggest the names of those who should be appointed to office from his 
state. According to the requirements of senatorial courtesy the senators 
from all the other states ratify these suggestions, even though they may 
know the parties suggested are incompetent or not best suited to hold office. 

Sentence. — Sentence is the judge's announcement of the penalty that is 
to be inflicted on the criminal. 

Sine die (without day). — A parliamentary body adjourns sine die when 
they do so without stating a day upon which they will meet again. . 

Sinking Fund. — Sinking fund is a fund provided beforehand to pay off a 
certain indebtedness when it falls due. The enterprise or corporation that 
owes the debt accumulates the fund by setting aside and investing annually 
a fixed sum of money. 

Slander. — Slander is spoken falsehood having the effect to injure the 
character or business of the one against whom it is directed. 

Subpoena.— A subpoena is a paper requiring a witness to appear and 
testify. He is liable to punishment if he fails to do so. 

Summons. — A summons is a paper commanding the sheriff to notify a 
party to appear in court at a certain time and place. 

Sumptuary Laws. — Sumptuary laws are those made to restrain excess in 
apparel, food, drink, furniture, etc. 

Survey-Rectangular. — The United States system of surveying land is 
known as the rectangular system. A base line is run east and west. A 
prime meridian is run across this at right angles north and south. Starting 
from the intersection of these two lines townships are laid off. These town- 
ships are squares six miles on the side. A row of them running parallel with 
the prime meridian is a range. The ranges are numbered east and west, as 
range 1, east, range 2, east, etc.; range 1, west; range 2, west, etc. 

The township is divided into 36 equal squares, each, one mile on the side. 
These are numbered, beginning at the northeast corner, and going west. 
The square immediately under number 6 is numbered 7, thence to the east; 
that under number 12 is 13, thence to the west and so on. These one-mile 
squares are called sections, and are known by their number, township, and 
range. The sections may be subdivided by lines running at right angles to 
each other. 



218 



THE FEDERAL UNION 



As the earth is in the form of a sphere, evidently two lines starting six 
miles apart on any latitude and rumiing to the north pole would gradually 
get closer together. It therefore becomes necessary at intervals varying 
from 24 to 30 miles to lay off a new base line and start the range lines again 
six miles apart. These new lines are called " correction lines." 

A piece of land might be described as follows: E. | of N. W. I of S. E. | 
ofN. W. \. Sec. 16, T. 23, N. R. 3, E. It would be read : The east half of 
the northwest quarter of the southeast quarter of the northwest quarter of 
section sixteen, township twenty-three, north, range three, east. 

To lay this off, begin with the last of the description, and work back 
through it step by step to the first. 

This system of land survey will be more clearly understood from a 
study of the accompanying diagrams: 



6 


5 


4 


3 


2 


1 


7 


8 


9 


ID 


11 


12 


18 


17 


10 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


20 


23 


27 


2G 


25 


31 


32 


33 


84 


35 


30 



(320A.) 



s.w.i 

(160 A.) 



W.i 
of 

5.E.i 



Testimony. — Testimony is a declaration, oral or written, made under oath 
or affirmation for the purpose of establishing or proving some fact. 

Treaty. — A treaty is an agreement between nations with reference to any 
particular matter or matters. 

Truce. — A truce is a temporary cessation of hostilities. 

True Bill.— A true bill is a paper containing the accusation found by the 
grand jury. 

Venire. — A venire is the entire number of men from which a jury is se- 
lected. 

Venue — Change of. — A change of venue is the carrying of a case in court 
from one place to another for trial. This is done when it is believed that 
a fair trial cannot be had at the original place. 

Viva Voce Vote. — Viva voce voting is the oral method of indicating your 
choice for a candidate for office. 



AND MISSISSIPPI 



219 



Warrant. — A warrant is a paper issued by a court directing the executive 
officer of a court to arrest a person and bring him before the court. 

A search warrant authorizes the officer to search the house or premises of 
a person for stolen goods, etc. 

Witness. — A witness is anyone who testifies in court. 



NUMBER OF REPRESENTATIVES IN CONGRESS 



Alabama 9 

Arkansas 7 

California 8 

Colorado 3 

Connecticut 5 

Delaware 1 

Florida 3 

Georgia 11 

Idaho 1 

Illinois 25 

Indiana 13 

Iowa 11 

Kansas 8 

Kentucky 11 

Louisiana 7 

Maine 4 

Maryland 6 

Massachusetts 14 

Total 



Michigan 12 

Minnesota 9 

Mississippi 8 

Missouri 16 

Montana 1 

Nebraska 6 

Nevada 1 

New Hampshire 2 

New Jersey 10 

New York 37 

North Carolina 10 

North Dakota 2 

Ohio 21 

Oklahoma 5 

Oregon 2 

Pennsylvania 32 

Rhode Island 2 

South Carolina 7 



South Dakota 2 

Tennessee 10 

Texas 16 

Utah 1 

Vermont 2 

Virginia 10 

Washington 3 

West Virginia 5 

Wisconsin 11 

Wyoming 1 

Alaska 1 

Arizona 1 

Hawaii 1 

New Mexico 1 

Philippine Islands . . 2 

Porto Rico 1 

398 



220 



THE FEDERAL UNION 



COUNTIES CONSTITUTING THE EIGHT CONGRESSIONAL DIS- 
TRICTS OF MISSISSIPPI 



First 


Tunica. 


Greene. 




Washington. 


Hancock. 


Alcorn. 




Harrison. 


Itawamba. 


Fourth 


' Jackson. 


Lee. 




Jefferson Davis. 


Lowndes. 


Attala. 


Jones. 


Monroe. 


Calhoun. 


Noxubee. 


Carroll. 


Lawrence. 


Oktibbeha. 


Chickasaw. 


Marion. 
Pearl River. 


Prentiss. 


Choctaw. 


Tishomingo. 
Second 


Clay. 
Grenada. 
Montgomery. 
Pontotoc. 


Perry. 

Simpson. 

Wayne. 


Benton. 


Webster. 




De Soto 


Yalobusha. 


Seventh 


Lafayette. 






Marshall. 
Panola. 


Fifth 


Adams. 
Amite. 


Tallahatchie. 


Clarke. 


Claiborne. 


Tate. 

Tippah. 

Union. 


Jasper. 

Kemper. 

Lauderdale. 


Copiah. 

Franklin. 

Jefferson. 




Leake. 


Lincoln. 


Third 


Neshoba. 


Pike. 




Newton. 


Wilkinson. 


Bolivar. 


Scott. 




Coahoma. 


Smith. 


Eighth 


Holmes. 


Winston. 




Issaquena. 




Hinds. 


Leflore. 


Sixth 


Madison. 


Quitman. 




Rankin. 


Sharkey. 


Covington. 


Warren. 


Sunflower. 


Forrest. 


Yazoo. 



AND MISSISSIPPI 221 



SCHOOL STATISTICS OF MISSISSIPPI 

Total Enrollment of Pupils. 

White Colored 

Males 109,736 112,214 

Females 108,879 126,826 

Totals 218,715 239,040 

Total both Races 457,755 

Average Attendance 284,366 

Number of Teachers Employed. 

White Colored 

Males 1,569 1,600 

Females 4,209 3,725 

Totals 5,778 5,325 

Total both Races 11,103 



Average Monthly Salary of Teachers exclusive of Separate School 

Districts— White $ 41.49 

Colored 20.31 

Average Monthly Salary of Teachers in Separate School Districts — 

Wliite 58.84 

Colored 29.57 



Average Salary of County Superintendents 1,262.95 

Average Salary of City Superintendents 902.41 



Expenditures for School Purposes exclusive of Separate School 

Districts $1,803,056 

Expenditures in Separate School Districts 953,026 

Total for State $2,756,082 



CONSTITUTION OF THE 
UNITED STATES 



PREAMBLE 



"We, the people of the United States, in order to form a more perfect union, 
establish justice, insure domestic tranquility, provide for the common defence, 
promote the general welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution for the United States 
of America: 

ARTICLE I — Legislative Department 

Congress 

Section 1. All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and House of Repre- 
sentatives. 

House of Representatives 

Section 2 — 1. The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, and the electors 
in each State shall have the qualifications requisite for electors of the most 
numerous branch of the State legislature. 

2. No person shall be a Representative who shall not have attained the age 
of twenty-five years, and been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State in which he shall 
be chosen. 

3. Representatives and direct taxes shall be apportioned among the several 
States which may be included within this Union, according to their respective 
numbers, which shall be determined by adding to the whole number of free per- 
sons, including those bound to service for a term of years, and excluding In- 
dians not taxed, three-fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner as they 
shall by law direct. The number of Representatives shall not exceed one for 



224 THE FEDERAL UNION 



every thirty thousand, but each State shall have at least one Representative; 
and until such enumeration shall be made, the State of New Hampshire shall 
be entitled to choose three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania 
eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any State, the execu- 
tive authority thereof shall issue writs of election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker and other officers 
and shall have the sole power of impeachment. 

Senate 

Section 3 — 1. The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for six years; and 
each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. The 
seats of the Senators of the first class shall be vacated at the expiration of 
the second year; of the second class, at the expiration of the fourth year, and 
of the third class, at the expiration of the sixth year, so that one-third may be 
chosen every second year; and if vacancies happen by resignation or otherwise 
during the recess of the legislature of any State, the executive thereof may make 
temporary appointments until the next meeting of the legislature, which shall 
then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to the age of 
thirty years, and been nine years a citizen of the United States, and who shall 
not, when elected, be an inhabitant of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of the Senate, 
but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a President pro 
tempore in the absence of the Vice-President, or when he shall exercise the office 
of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. When 
sitting for that purpose, they shall be on oath or affirmation. When the Presi- 
dent of the United States is tried, the Chief Justice shall preside ; and no person 
shall be convicted without the concurrence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further than' to re- 
moval from office, and disqualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the party convicted shall, never- 
theless, be liable and subject to indictment, trial, judgment, and punishment, 
according to law. 

Both Houses 

Section 4 — 1. The times, places, and manner of holding elections for Sena- 
tors and Representatives shall be prescribed in each State by the legislature 
thereof; but the Congress may at any time by law make or alter such regula- 
tions, except as to the place of choosing Senators. 



AND MISSISSIPPI 225 



2. The Congress shall assemble-' at least oakje -in every year, and such meeting 
shall be on the first Monday in December; unless they shall by law appoint a 
different day. ' - - • - '.'.:.. 

The Houses Separately 

Section 5 — 1. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day to day, 
and may be authorized to compel the attendance of absent members, in such 
manner, and under such penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, punish its members 
for disorderly behavior, and, with the concurrence of two-thirds, expel a mem- 
ber. 

3. Each house shall keep a journal of its proceedings, and from time to time 
publish the same, excepting such parts as may in their judgment require se- 
crecy, and the yeas and nays of the members of either house on any question 
shall, at the desire of one-fifth of those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without the consent 
of the other, adjourn for more than three days, nor to any other place than that 
in which the two houses shall be sitting. 

Privileges and Disabilities of Members 

Section 6 — 1. The Senators and Representatives shall receive a compen- 
sation for their services, to be ascertained by law and paid out of the Treasury 
of the United States. They shall, in all cases except treason, felony, and breach 
of the peace, be privileged from arrest during their attendance at the session 
of their respective houses, and in going to and returning from the same; and 
for any speech or debate in either house they shall not be questioned in any 
other place. 

2. No senator or Representative shall, during the time for which he was elec- 
ted, be appointed to any civil office under the authority of the United States, 
which shall have been created, or the emoluments whereof shall have been 
increased during such time ; and no person holding any office under the United 
States shall be a member of either house during his continuance in office. 

Mode of Passing Laws 

Section 7 — 1. All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with amendments 
as on other bills. 

2. Every bill which shall have passed the House of Representatives and the 
Senate shall, before it become a law, be presented to the President of the United 
States ; if he approve he shall sign it, but if not he shall return it, with his objec- 
tions, to that house in which it shall have originated, who shall enter the ob- 
jections at large on their journal and proceed to reconsider it. If after such re- 
consideration two-thirds of that house shall agree to pass the bill, it shall be sent, 



226 THE FEDERAL UNIOX 



together with the objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house it shall become a law. 
But in all such cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill shall be entered 
on the journal of each house respectively. If any bill shall not be returned by 
the President within ten days (Sundays excepted) after it shall have been pre- 
sented to him, the same shall be a law, in like manner as if he had signed it, 
unless the Congress by their adjournment prevent its return, in which case it 
shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the Senate 
and House of Representatives may be necessary (except on a question of ad- 
journment) shall be presented to the President of the United States; and before 
the same shall take effect, shall be approved by him, or being disapproved by 
him, shall be repassed by two-thirds of the Senate and House of Representa- 
tives, according to the rules and limitations prescribed in the case of a bill. 

Powers Granted to Congress 

Section 8. The Congress shall have power: 

1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and 
provide for the common defence and general welfare of the United States; but 
all duties, imposts, and excises shall be uniform throughout the United States ; 

2. To borrow money on the credit of the United States ; 

3. To regulate commerce with foreign nations and among the several States, 
and with the Indian tribes ; 

4. To establish an uniform rule of naturalization and uniform laws on the 
subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign coin, and fix 
the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities and cur- 
rent coin of the United States ; 

7. To establish post offices and post roads ; 

8. To promote the progress of science and useful arts by securing for limited 
times to authors and inventors the exclusive right to their respective writings 
and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the high seas 
and offences against the law of nations ; 

11. To declare war, grant letters of marque and reprisal, and make rules con- 
cerning captures on land and water ; 

12. To raise and support armies, but no appropriation of money to that use 
shall be for a longer term than two years ; 

13. To provide and maintain a navy ; 

14. To make rules for the government and regulation of the land and naval 
forces ; 

15. To provide for calling forth the militia to execute the laws of the Union, 
suppress insurrection, and repel invasions ; 

16. To provide for organizing, arming, and disciplining the militia, and for 
governing such part of them as may be employed in the service of the United 



AXD MISSISSIPPI 227 



States, reserving to the States respectively the appointment of the officers, and 
the authority of training the militia according to the discipline prescribed by 
Congress ; 

17. To exercise exclusive legislation in all cases whatsoever over such dis- 
trict (not exceeding ten miles square) as may, by cession of particular States 
and the acceptance of Congress, become the seat of the Government of the 
United States, and to exercise like authority over all places purchased by the 
consent of the legislature of the State in which the same shall be, for the erection 
of forts, magazines, arsenals, dockyards, and other needful buildings ; and 

18. To make all laws which shall be necessary and proper for carrying into 
execution the foregoing powers, and all other powers vested by this Constitution 
in the Government of the United States, or in any department or officer thereof. 

Powers Denied to the United States 

Section 9 — 1. The migration or importation of such persons as any of the 
States now existing shall think proper to admit shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight, but a tax or 
duty may be imposed on such importation, not exceeding ten dollars for each 
person. 

2. The privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be paid, unless in proportion to the 
census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 

6. No preference shall be given by any regulation of commerce or revenue 
to the ports, of one State over those of another; nor shall vessels bound to or 
from one State be obliged to enter, clear, or pay duties in another. 

7. No money shall be drawn from the Treasury but in consequence of appro- 
priations made by law; and a regular statement and account of the receipts 
and expenditures of all public money shall be published from time to time. 

8. No title of nobility shall be granted by the United States ; and no person 
holding any office of profit or trust under them shall, without the consent of the 
Congress, accept of any present, emolument, office, or title, of any kind what- 
ever, from any king, prince, or foreign State. 

Powers Denied to the States 

Section 10 — 1. No State shall enter into any treaty, alliance, or confedera- 
tion; grant letters of marque and reprisal; coin money; emit bills of credit; 
make anything but gold and silver coin a tender in payment of debts ; pass any 
bill of attainder, ex post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

2. No State shall, without the consent of Congress, lay any imposts or duties 
on imports or exports, except what may be absolutely necessary for executing 
its inspection laws ; and the net produce of all duties and imposts, laid by any 
State on imports or exports, shall be for the \ise of the Treasury of the United 



228 THE FEDERAL UNION 



States; and all such laws shall be subject to the revision and control of the Con- 
gress. ..." 

3. No State shall, without the consent of Congress, lay any duty or tonnage, 
keep troops or ships of war in time of peace, enter into any agreement or com- 
pact with another State or with a foreign power, or engage in war. unless actually 
invaded or in such imminent danger as will not admit of delay. 



ARTICLE II.— Executive Department 

President and Vice-President 

Section 1 — 1. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of four 
j^ears, and, together with the Vice-President, chosen for the same term, be elec- 
ted as follows: 

2. Each state shall appoint, in such manner as the legislature thereof may 
direct, a number of electors, equal to the whole number of Senators and Repre- 
sentatives to which the State may be entitled in the Congress; but no Senator 
or Representative, or person holding an office of trust or profit under the United 
States, shall be appointed as elector. 

3. (The electors shall meet in their respective States and vote by ballot for 
two persons, of whom one at least shall not be an inhabitant of the same State 
with themselves. And they shall make a list of all the persons voted for, and 
of the number of votes for each ; which list they shall sign and certify, and trans- 
mit sealed to the seat of government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the votes 
shall then be counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole number of electors 
appointed; and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person have a majority, 
then from the five highest on the list the said house shall in like manner choose 
the President. But in choosing the President the votes shall be taken by States, 
the representation from each State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of the States, and a ma- 
jority of all the States shall be necessary to a choice. In every case, after 
choice of the President, the person having the greatest number of votes of the 
electors shall be the Vice-President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by ballot the Vice- 
President.)* 

4. The Congress may determine the time of choosing the electors and the day 
on which they shall give their votes, which day shall be the same throughout 
the United States. 

5. No person except a natural born citizen, or a citizen of the United States 
at the time of the adoption of this Constitution, shall be eligible to the office 

*This clause has been amended. See Amendments, Art. XII. 



AND MISSISSIPPI 229 



of President; neither shall any person be eligible to that office who shall not 
have attained to the age of thirty-five years, and been fourteen years a resident 
within the United States. 

6. In case of the removal of the President from office, or of his death, resig- 
nation, or inability to discharge the powers and duties of the said office, the 
same shall devolve on the Vice-President, and the Congress may by law provide 
for the case of removal, death, resignation, or inability, both of the President 
and Vice President, declaring what officer shall then act as President, and such 
officer shall act accordingly until the disability be removed or a President shall 
be elected. 

7. The President shall, at stated times, receive for his services a compensa- 
tion, which shall neither be increased nor diminished during the period for which 
he may have been elected, and he shall not receive within that period any other 
emolument from the United States, or any of them. 

8. Before he enter on the execution of his office he shall take the following 
oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully execute the office of 
President of the United States, and will to the best of my ability preserve, 
protect, and defend the Constitution of the United States." 



Powers of the President 

Section 2 — 1. The President shall be commander-in-chief of the army and 
navy of the United States, and of the militia of the several States when called 
into the actual service of the United States; he may require the opinion, in 
writing, of the principal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offences against the United States, except 
in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the Senate, 
to make treaties, provided two-thirds of the Senators present concur; and he 
shall nominate, and, by and with the advice and consent of the Senate, shall 
appoint ambassadors other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by law; but the 
Congress may by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or in the heads of 
departments. 

3. The President shall have power to fill up all vacancies that may happen 
during the recess of the Senate, by granting commissions which shall expire 
at the end of their next session. 



Duties of the President 

Section 3. He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration such measures 



230 THE FEDERAL UNION 



as he shall judge necessary and expedient; he may, on extraordinary occasion 
convene both houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he. may adjourn them to such 
time as he shall think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 



Impeachment 

Section 4. The President, Vice-President, and all civil officers of the United 
States shall be removed from office on impeachment for and conviction of trea- 
son, bribery, or other high crimes and misdemeanors. 



ARTICLE III. — Judicial Department 

United States Courts 

Section 1. The judicial powers of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may from time 
to time ordain and establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be diminished during 
their continuance in office. 

J urisdiction of the United States Courts 

Section 2 — 1. The judicial power shall extend to all cases, in law and equity 
arising under this Constitution, the laws of the United States, and treaties made, 
or which shall be made, under their authority; to all cases affecting ambassa- 
dors, other public ministers and consuls; to all cases of admiralty and mari- 
time jurisdiction; to controversies to which the United States shall be a party; 
to controversies between two or more states; between a State and citizen of 
another State; between citizens of different States; between citizens of the 
same State claiming lands under grants of different States and between a State, 
or the citizens thereof, and foreign States, citizens, or subjects.* 

2. In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a State shall be a party, the Supreme Court shall have ori- 
ginal jurisdiction. In all the other cases before mentioned the Supreme Court 
shall have appellate jurisdiction, both as to law and fact, with such exceptions 
and under such regulations as the Congress shal-1 make. 

3. The trial of all crimes, except in cases of impeachment, shall be by jury, 
and such trial shall be held in the State where the said crimes shall have been 
committed; but when not committed within any State, the trial shall be at 

;5uch place or places as the Congress may by law have directed. 

*This clause has been amended. See Amendments, Art. XI. 



AND MISSISSIPPI 231 



Treason 

Section 3 — 1. Treason against the United States shall consist only in levy- 
ing war against them, or in adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason, but 
no attainder of treason shall work corruption of blood or forfeiture except dur- 
ing the life of the person attainted. 



ARTICLE IV. — Interstate Relations 

State Records 

Section 1. Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And the Congress 
may by general laws prescribe the manner in which such acts, records, and pro- 
ceedings shall be proved, and the effect thereof. 

Privileges of Citizens, Etc. 

Section 2 — 1. The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other crime, who 
shall flee from justice, and be found in another State, shall, on demand of the 
executive authority of the State from which he fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under the laws thereof, 
escaping into another, shall, in consequence of any law or regulation therein, 
be discharged from such service or labor, but shall be delivered up on claim of 
the party to whom such service or labor may be due.* 

New States and Territories 

Section 3 — 1 . New States may be admitted by the Congress into this Union ; 
but no new State shall be formed or erected within the jurisdiction of any other 
State; nor any State be formed by the junction of two or more States or parts 
of States, without the consent of the legislatures of the States concerned as well 
as of the Congress. 

2. The Congress shall have power to dispose of and make all needful rules 
and regulations respecting the territory or other property belonging to the 
United States ; and nothing in this Constitution shall be so construed as to pre- 
judice any claims of the United States or of any particular State. 

* See Amendments, Art. XIV. 



232 THE FEDERAL UNION 



Guarantee to the States 

Section 4. The United States shall guarantee to every State in this Union 
a republican form of government, and shall protect each of them against inva- 
sion, and on application of the legislature, or of the executive (when the legis- 
lature cannot be convened), against domestic violence. 



ARTICLE V. — Power of Amendment 

The Congress, whenever two-thirds of both houses shall deem it necessary, 
shall propose amendments to this Constitution, or, on the application of the 
legislature of two-thirds of the several states, shall call a convention for pro- 
posing amendments, which in either case shall be valid to all intents and pur- 
poses as part of this Constitution, when ratified by the legislatures of three- 
fourths of the several States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by the Congress, pro- 
vided that no amendments which may be made prior to the year one thousand 
eight hundred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 



ARTICLE VI. — Public Debt, Supremacy of the Constitution, Oath of 
Office, Religious Test 

1. All debts contracted and engagements entered into, before the adoption 
of this Constitution, shall be as valid against the United States under this Con- 
stitution as under the confederation. 

2. This Constitution, and the laws of the United States which shall be made 
in pursuance thereof, and all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme law of the land; and the 
judges in every State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the members of 
the several State legislatures, and all executive and judicial officers, both of 
the United States and of the several States, shall be bound by oath or affirma- 
tion to support this Constitution; but no religious test shall ever be required 
as a qualification to any office or public trust under the United States. 



ARTICLE VII. — Ratification of the Convention 

The ratification of the convention of nine States shall be sufficient for the 
establishment of this Constitution between the States so ratifying the same. 
Done in convention by the unanimous consent of the States present, the 
seventeenth day of September., in the year of our Lord one thousand seven 



AND MISSISSIPPI 233 



hundred and eighty-seven, and of the Independence of the United States 
of America the twelfth. In witness whereof we have hereunto subscribed 
our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathaniel Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, William Patterson, Jona- 
than Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Mifflin, Robert Morris, George 
Clymer, Thomas Fitzsimmons, Jared Ingersoll, James Wilson, Gouverneur 
Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dickinson, Richard 
Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinckney, Charles 
Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 



Attest: William Jackson, Secretary. 



AMENDMENTS 



ARTICLE I 

Congress shall make no law respecting an establishment of religion, or pro- 
hibiting the free exercise thereof ; or abridging the freedom of speech or of the 
press ; or the right of the people peaceably to assemble, and to petition the gov- 
ernment for a redress of grievances. 



ARTICLE II 

A well-regulated militia being necessary to the security of a free State, the 
right of the people to keep and bear arms shall not be infringed. 



234 THE FEDERAL UNION 



ARTICLE III 

No soldier shall, in time of peace, be quartered in any house without the con- 
sent of the owner, nor in time of war but in a manner to be prescribed by law. 



ARTICLE IV 

The right of the people to be secure in their persons, houses, papers, and 
effects, against unreasonable searches and seizures, shall not be violated, arid 
no warrants shall issue but upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be searched, and the persons or 
things to be seized. 

ARTICLE V 

No person shall be held to answer for a capital or otherwise infamous crime, 
unless on a presentment or indictment of a grand jury, except in cases arising 
in the land or naval forces, or in the militia, when in actual service in time of 
war .or public danger; nor shall any person be subject for the same offence to 
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be taken for public use 
without just compensation. 

ARTICLE VI 

In all criminal prosecutions the accused shall enjoy the right to a speedy and 
public trial, by an impartial jury of the State and district wherein the crime 
shall have been committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause of the accusation ; to 
be confronted with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favor, and to have the assistance of counsel for his 
defence. 

ARTICLE VII 

In suits at common law, where the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any court of the United States than accord- 
ing to the rules of the common law. 



ARTICLE VIII 

Excessive bail shall not be required, nor excessive fines imposed, nor cruel 
and unusual punishments inflicted. 



AND MISSISSIPPI 235 



ARTICLE IX 

The enumeration in the Constitution of certain rights shall not be construed 
to deny or disparage others retained by the ])eople. 



ARTICLE X 

The powers not delegated to the United States by the Constitution, nor pro- 
hibited by it to the States, are reserved to the States respectively or to the 
people. 

ARTICLE XI 

The judicial power of the United States shall not be construed to extend to 
any suit in law or equity, commenced or prosecuted against one of the United 
States by citizens of another State, or by citizens or subjects of any foreign 
State. 

ARTICLE XII 

1. The electors shall meet in their respective States and vote by ballot for 
President and Vice President, one of whom, at least, shall not be an inhabitant 
of the same State with themselves; they shall name in their ballots the person 
voted for as President; and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted for as Presi- 
dent and of all persons voted for as Vice-President, and of the number of votes 
for each ; which lists they shall sign and certify, and transmit sealed to the seat 
of the government of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votes shall then be counted. 
The person having the greatest number of votes for President shall be the Presi- 
dent, if such number be a majority of the whole number of electors appointed ; 
and if no person have such majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted for as President, the 
House of Representatives shall choose immediately, by ballot, the President. 
But in choosihg the President the votes shall be taken by States, the repre- 
sentation from each State having one vote; a quorum for this purpose shall 
consist of a member or members from two-thirds of the States, and a majority 
of all the States shall be necessary to a choice. And if the House of Representa- 
tives shall not choose a President whenever the right of choice shall devolve 
upon them, before the fourth day of March next following, then the Vice-Presi- 
dent shall act as President, as in the case of the death or other constitutional 
disability of the President. 

2. The person having the greatest number of votes as Vice-President shall 
be the Vice-President, if such number be a majority of the whole number of 
electors appointed; and if no person have a majority, then from the two highest 
numbers on the list the Senate shall choose the Vice-President; a quorum for 



236 THE FEDERAL UNION 



the purpose shall consist of two-thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President shall 
be eligible to that of Vice-President of the United States. 

ARTICLE XIII 

1. Neither slavery nor involuntary servitude, except as a punishment for 
crime whereof the party shall have been duly convicted, shall exist within the 
United States or any place subject to their jurisdiction. 

2. Congress shall have jDower to enforce this article by appropriate legislation. 

ARTICLE XIV 

1. All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and of the State wherein 
they reside. No State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor shall any State 
deprive any person of life, liberty, or property, without due process of law; 
nor deny to any person within its jurisdiction the equal protection of the laws. 

2. Representatives shall be apportioned among the several States according 
to their respective numbers, counting the whole number of persons in each State, 
excluding Indians not taxed. But when the right to vote at any election for 
the choice of electors for President and Vice-President of the United States, 
Representatives in Congress, the executive and judicial officers of a State, or 
the members of the legislature thereof, is denied to any of the male inhabitants 
of such State, being twenty-one years of age, and citizens of the United States, 
or in any way abridged except for participation in rebellion, or other crime, 
the basis of representation therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number of male citizens 
twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Congress, or elector of 
President and Vice-President, or hold any office, civil or military, under the 
United States or under any State, who, having previously taken an oath as a 
member of Congress, or as an officer of the United States, or as a member of 
any State legislature, or as an executive or judicial officer of any State, to sup- 
port the Constitution of the United States, shall have engaged in insurrection 
or rebellion against the same, or given aid or comfort to the enemies thereof. 
But Congress may, by a vote of two-thirds of each house, remove such disability. 

4. The validity of the public debt of the United States, authorized by law, 
including debts incurred for payment of pensions and bounties for services in 
suppressing insurrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any debt or obligation 
incurred in aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave ; but all such debts, obligations, 
and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate legislation, the 
provisions of this article^ 



AND MISSISSIPPI 237 



ARTICLE XV 

1. The right of citizens of the United States to vote shall not be denied or 
abridged by the United States or by any State on account of race, color, or 
previous condition of servitude. 

2. The Congress shall have power to enforce this article by appropriate legis- 
lation. 



THE CONSTITUTION OF 
THE STATE OF MISSISSIPPI 



ADOPTED NOVEMBER J, A. D. J890 



We, the people of Mississippi, in convention assembled, grateful to Almighty 
God, and invoking his blessing on our work, do ordain and establish this con- 
stitution. 

ARTICLE I. — Distribution of Powers 

Section 1. The powers of the government of the State of Mississippi shall 
be divided into three distinct departments, and each of them confided to a 
separate magistracy, to wit: those which are legislative to one; those which 
are judicial to another; and those which are executive to another. 

Section 2. No person or collection of persons, being one, or belonging to 
one, of these departments, shall exercise any power properly belonging to either 
of the others. The acceptance of an office in either of said departments shall, 
of itself, and at once, vacate any and all offices held by the person so accepting 
in either of the other departments. 

ARTICLE II. — Boundaries of the State 

Section 3. The limits and boundaries of the State of Mississippi are as 
folio v/s, to wit: Beginning on the Mississippi River (meaning thereby the centre 
of said river or thread of the stream) where the southern boundary line of the 
State of Tennessee strikes the same, as run by B. A. Ludlow, D. W. Connelly, and 
W. Petrie, commissioners appointed for that purpose on the part of the State 
of Mississippi in a. d. 1837, and J. D. Graham and Austin Miller, commissioners 
appointed for that purpose on the part of the State of Tennessee; thence east 
along the said boundary line of the State of Tennessee to a point on the west 
bank of the Tennessee River, six four-pole chains south of and above the mouth 
of Yellow Creek ; thence up the said river to the mouth of Bear Creek ; thence 
by a direct line to what was formerly the northwest corner of the county of 
Washington, Alabama; thence on a direct line to a point ten miles east of the 
Pascagoula River on the Gulf of Mexico ; thence westwardly, including all the 
islands within six leagues of the shore, to the most eastern junction of Pearl 
River with Lake Borgne; thence up said Pearl River to the thirty-first degree 



THE FEDERAL UXIOX AXD MISSISSIPPI 239 



of north latitude ; thence' west along said degree of latitude to the middle or 
thread of the stream of the Mississippi River; thence up the middle of the 
Mississippi River, or thread of the stream, to the place of beginning, including 
all islands lying east of the thread of the stream of said river, and also including 
all lands which were at any time heretofore a part of this State. 

Section 4. The legislature shall have power to consent to the acquisition 
of additional territory by this State and to make the same a part thereof; and 
the legislature may settle disputed boundaries between this State and its 
coterminous States whenever such disputes arise. 

ARTICLE III.— Bill of Rights 

Section 5. All political power is vested in, and derived from, the people; 
all government of right originates with the people, is founded upon their will only, 
and is instituted solely for the good of the whole. 

Section 6. The people of this State have the inherent, sole, and exclusive 
right to regulate the internal government and police thereof, and to alter and 
abolish their constitution and form of government whenever they may deem it 
necessary to their safety and happiness ; provided, such change be not repug- 
nant to the Constitution of the United States. 

Section 7. The right to withdraw from the Federal Union, on account of 
any real or supposed grievance, shall never be assumed by this State, nor shall 
anjr law be passed in derogation of the paramount allegiance of the citizens of 
this State to the government of the United States. 

Section 8. All persons resident in this State, citizens of the United States, 
are hereby declared citizens of the State of Mississippi. 

Section 9. The military shall be in strict subordination to the civil power. 

Section 10. Treason against the State shall consist only in levying war 
against the same or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

Section 11. The right of the people peaceably to assemble and petition the 
government on any subject shall never be impaired. 

Section 12. The right of every citizen to keep and bear arms in defence of 
his home, person, or property, or in aid of the civil power when thereto legally 
summoned, shall not be called in question; but the legislature may regulate 
or forbid carrying concealed weapons. 

Section 13. The freedom of speech and of the press shall be held sacred, 
and in all prosecutions for libel the truth may be given in evidence, and the jury 
shall determine the law and the facts under the direction of the court ; and if 
it shall appear to the jury that the matter charged as libellous is true, and was 
published with good motives and for justifiable ends, the party shall be acquitted. 

Section 14. No person shall be deprived of life, liberty, or property, except 
by due process of law. 

Section 15. There shall be neither slavery nor involuntary servitude in this 
State otherwise than in the punishment of crime, whereof the party shall have 
been duly convicted. 

Section 16. Ex post facto laws, or laws impairing the obligation of con- 
tracts shall not be passed. 



240 THE FEDERAL UNION 



Section ; 17. Private property shall not be taken or. damaged for public 
use except on due compensation being first made to the owner or owners thereof 
in a manner to be prescribed by law ; and whenever an attempt is made to take 
private property for a use alleged to be public, the question whether the con- 
templated use be public shall be a judicial question, and as such determined 
without regard to legislative assertion that the use is public. 

Section 18. No religious test as a qualification for office shall be required; 
and no preference shall be given by law to any religious sect, or mode of worship ; 
but the free enjoyment of all religious sentiments and the different modes of 
worship shall be held sacred. The rights hereby secured shall not be construed 
to justify acts of licentiousness injurious to morals or dangerous to the peace 
and safety of the State, or to exclude the Holy Bible from use in any public 
school of this State. 

Section 19. Human life shall not be imperilled by the practice of duelling; 
and any citizen of this State who shall hereafter fight a duel, or assist in the 
same as second, or send, accept, or knowingly carry a challenge therefor, 
whether such act be done in the State or out of it, or who shall go out of the 
State to fight a duel, or to assist in the same as second, or to send, accept, or 
carry a challenge, shall be disqualified from holding any office under this con- 
stitution, and shall be disfranchised. 

Section 20. No person shall be elected or appointed to office in this State 
for life or during good behavior, but the term of all offices shall be for some speci- 
fied period. 

Section 21 . The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in case of rebellion or invasion, the public safety may require it, 
nor ever without the authority of the legislature. 

Section 22. No person's life or liberty shall be twice placed in jeopardy 
for the same offence ; but there must be an actual acquittal or conviction on the 
merits to bar another prosecution. 

Section 23. The people shall be secure in their persons, houses, and pos- 
sessions, from unreasonable seizure or search; and no warrant shall be issued 
without probable cause, supported by oath or affirmation, specially designating 
the place to be searched and the person or thing to be seized. 

Section 24. All courts shall be open; and every person for an injury done 
him in his lands, goods, person, or reputation, shall have remedy by due course 
of law, and right and justice shall be administered without sale, denial, or delay. 

Section 25. No person shall be debarred from prosecuting or defending 
any civil cause, for or against him or herself, before any tribunal in this State, 
by him or herself, or counsel, or both. 

Section 26. In all criminal prosecutions the accused shall have a right to 
be heard by himself or counsel, or both, to demand the nature and cause of the 
accusation, to be confronted by the witnesses against him, to have compulsory 
process for obtaining witnesses in his favor, and in all prosecutions by indict- 
ment or information, a speedy and public trial by an impartial jury of the county 
where the offence was committed ; and he shall not be compelled to give evidence 
against himself ; but in prosecutions for rape, adultery, fornication, sodomy, or 
the crime against nature, the court may in its discretion exclude from the court 
room all persons except such as are necessary in the conduct of the trial. 

Section 27. No person shall, for any indictable offence, be proceeded against 



AND MISSISSIPPI 241 



criminally by information; except" in cases arising in the land or naval forces, 
or the militia when in actual service, or by leave of the court for misdemeanor 
in Office; but the legislature, in cases not punishable by death or by imprison- 
ment in the penitentiary, may dispense with the inquest of the grand jury, and 
may authorize prosecutions before justices of the peace, or such other inferior 
court or courts as may be established, and the proceedings in such cases shall 
be regulated by law. 

Section 28. Cruel or unusual punishment shall not be inflicted, nor ex- 
cessive fines be imposed. 

Section 29. Excessive bail shall not be required; and all persons shall, 
before conviction, be bailable by sufficient sureties, except for capital offences 
when the proof is evident or presumption great. 

Section 30. There shall be no imprisonment for debt. 

Section 31. The right of trial by jury shall remain inviolate. 

Section 32. The enumeration of rights in this constitution shall not be 
construed to deny or impair others retained by, and inherent in, the people. 

ARTICLE IV. — Legislative Department 

Section 33. The legislative power of this State shall be vested in the legis- 
lature, which shall consist of a senate and a house of representatives. 

Section 34. The house of representatives shall consist of members chosen 
every four years by the qualified electors of the several counties and the repre- 
sentative districts. 

Section 35. The senate shall consist of members to be chosen every four 
years by the qualified electors of the several districts. 

Section 36. The legislature shall meet at the seat of government in regular 
session, on the first Tuesday after the first Monday in January of the year a. d. 
1892, and every four years thereafter ; and in special session on the first Tuesday 
after the first Monday in January of the year A. d. 1894, and every four years 
thereafter, unless sooner convened by the governor. The special sessions shall 
not continue longer than thirty days unless the governor, deeming the public 
interest to require it, shall extend the sitting, by proclamation in writing, to be 
sent to and entered upon the journals of each house, for a specific number of 
days, and then it may continue in session to the expiration of that time. At 
such special sessions the members shall receive not more compensation or salary 
than ten cents mileage, and a per diem of not exceeding five dollars; and none 
but appropriation and revenue bills shall be considered, except such other 
matters as may be acted upon at an extraordinary session called by the governor. 

Section 37. Elections for members of the legislature shall be held in the 
several counties and districts as provided by law. 

Section 38. Each house shall elect its own officers, and shall judge of the 
qualifications, return, and election of its own members. 

Section 39. The senate shall choose a president pro tempore to act in the 
absence or disability of its presiding officer. 

Qualifications and Privileges of Legislators 

Section 40. Members of the legislature before entering upon the discharge 
of their duties shall take the following oath: ' T, , do solemnly swear 



242 THE FEDERAL UNION 



(or affirm) that I will faithfully support the Constitution of the United States 
and of the State of Mississippi ; that I am not disqualified from holding office by 
the constitution of this State; that I will faithfully discharge my duties as a 
legislator; that I will, as soon as practicable hereafter, carefully read (or have 
read to me) the constitution of this State, and will endeavor to note, and, as a 
legislator, to execute all the requirements thereof imposed on the legislature; 
and I will not vote for any measure or person because of a promise of any other 
member of this legislature to vote for any measure or person, or as a means of 
influencing him or them so to do. So help me God. " 

Section 41. No person shall be a member of the house of representatives 
who shall not have attained the age of twenty-one years, and who shall not be 
a qualified elector of the State, and who shall not have been a resident citizen 
of the State four years, and of the county two years, immediately preceding his 
election. The seat of a member of the house of representatives shall be vacated 
on his removal from the county or floatorial district from which he was elected. 

Section 42. No person shall be a senator who shall not have attained the 
age of twenty-five years, who shall not have been a qualified elector of the State 
four years, and who shall not be an actual resident of the district or territory 
he may be chosen to represent, for two years before his election. The seat of a 
senator shall be vacated upon his removal from the district from which he was 
elected. 

Section 43. No person liable as principal for public moneys unaccounted 
for shall be eligible to a seat in either house of the legislature, or to any office 
of profit or trust, until he shall have accounted for and paid over all sums for 
which he may have been liable. 

Section 44. No person shall be eligible to a seat in either house of the legis- 
lature, or to any office of profit or trust, who shall have been convicted of bribery, 
perjury, or other infamous crime; and any person who shall have been convicted 
of giving, or offering, directly or indirectly, any bribe to procure his election or 
appointment; and any person who shall give or offer any bribe to procure the 
election or appointment of any person to office, shall, on conviction thereof, be 
disqualified from holding any office of profit or trust under the laws of this State. 

Section 45. No senator or representative during the term for which he was 
elected shall be eligible to any office of profit which shall have been created, or 
the emoluments of which have been increased, during the time such senator or 
representative was in office, except to such offices as may be filled by an election 
of the people. 

Section 46. The members of the legislature shall severally receive from the 
State treasury compensation for their services, to be prescribed by law, which 
may be increased or diminished, but no alteration of such compensation of 
members shall take effect during the session at which it is made. 

Section 47. No member of the legislature shall take any fee or reward, or 
be counsel in any measure pending before either house of the legislature, under 
penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house 
of which he is a member. 

Section 48. Senators and representatives shall in all cases, except treason, 
felony, theft, or breach of the peace, be privileged from arrest during the session 
of the legislature, and for fifteen days before the commencement and after the 
termination of each session. 



AXD MISSISSIPPI 243 



Trial of Officers, Etc 

Section 49. The house of representatives shall have the sole power of im- 
peachment; but two-thirds of all the members present must concur therein. 
All impeachments shall be tried by the senate, and, when sitting for that pur- 
pose, the senators shall be sworn to do justice according to law and the evidence. 

Section 50. The governor, and all other civil officers of this State, shall be 
liable to impeachment for treason, bribery, or any high crime or misdemeanor 
in office. 

Section 51. Judgment in such cases shall not extend further than removal 
from office, and disqualification to hold any office of honor, trust, or profit in 
this State; but the party convicted shall, nevertheless, be subject to indictment, 
trial, judgment, and punishment according to law. 

Section 52. When the governor shall be tried, the chief justice of the su- 
preme court shall preside; and when the chief justice is disabled, disqualified, 
or refuses to act, the judge of the Supreme Court, next oldest in commission, 
shall preside ; and no person shall be convicted without the concurrence of two- 
thirds of all the senators present. 

Section 53. For reasonable cause, which shall not be sufficient ground of 
impeachment, the governor shall, on the joint address of two-thirds of each 
branch of the legislature, remove from office the judges of the supreme and in- 
ferior courts; but the cause or causes of removal shall be spread on the journal, 
and the party charged be notified of the same and have an opportunity to be 
heard by himself or counsel, or both, before the vote is finally taken and decided. 

Rules of Procedure 

Section 54. A majority of each house shall constitute a quorum to do 
business; but a less number may adjourn from day to day, and compel the at- 
tendance of absent members in such manner and under such penalties as each 
shall provide. 

Section 55. Each house may determine rules of its own proceedings, punish 
its members for disorderly behavior, and, with the concurrence of two-thirds 
of the members present, expel a member; but no member, unless expelled for 
theft, bribery, or corruption, shall be expelled a second time for the same offence. 
Both houses shall, from time to time, publish journals of their proceedings, 
except such parts as may in their opinion require secrecy ; and the yeas and nays, 
on any question, shall be entered on the journal, at the request of one-tenth of 
the members present; and the yeas and nays shall be entered on the journal on 
the final passage of every bill. 

Section 56. The style of the laws of the State shall be: "Be it enacted by the 
legislature of the State of Mississippi." 

Section 57. Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which the two 
houses shall be sitting. 

Section 58. The doors of each house, when in session, or in committee of 
the whole, shall be kept open, except in cases which may require secrecy; and 
each house may punish, by fine and imprisonment, any person not a member 
who shall be guilty of disrespect to the house, by any disorderly or contemptuous 
behavior in its presence, or who shall in any way disturb its deliberations dviring 



244 THE FEDERAL UXIOX 



the session; but such imprisonment shall not extend beyond the final adjourn- 
ment of that session. 

Sectiox 59. Bills may originate in either house and be amended or rejected 
in the other; and every bill shall be read on three different days in each house, 
unless two-thirds of the house where the same is pending shall dispense with the 
rules; and every bill shall be read in full immediately before the vote on its 
final passage; and every bill, having passed both houses, shall be signed by the 
president of the senate and the speaker of the house of representatives, in open 
session; but, before either shall sign any bill, he shall give notice thereof, sus- 
pend business in the house over which he presides, have the bill read by its 
title, and on the demand of any member have the bill read in full; and all such 
proceedings shall be entered on the journal. 

Section 60. No bill shall be so amended in its passage through either house 
as to change its original purpose, and no law shall be passed except by bill ; but 
orders, votes, and resolutions of both houses affecting the prerogatives and 
duties thereof, or relating to adjournment, to amendments to the constitution, 
to the investigation of public officers, and the like, shall not require the signature 
of the governor; and such resolutions, orders, and votes may empower legis- 
lative committees to administer oaths, to send for persons and papers, and 
generally make legislative investigations effective. 

Section 61. No law shall be revised or amended by reference to its title 
only, but the section or sections as amended or revived shall be inserted at 
length. 

Section 62. No amendment to bills by one house shall be concurred in by 
the other, except by a vote of a majority thereof, taken by yeas and nays, and the 
names of those voting for and against recorded upon the journals; and reports 
of committees of reference shall in like manner be adopted in each house. 

Section 63. No appropriation bill shall be passed by the legislature which 
does not fix definitely the maximum sum thereby authorized to be drawn from 
the treasury. 

Section 64. No bill passed after the adoption of this constitution to make 
appropriations of money out of the State treasury, shall continue in force more 
than six months after the meeting of the legislature at its next regular session ; 
nor shall such bill be passed except by the votes of a majority of all the members 
elected to each house of the legislature. 

Section 65. All votes on the final passage of any measure shall be subject 
to reconsideration for at least one whole legislative day, and no motion to re- 
consider such vote shall be disposed of adversely on the day on which the orig- 
inal vote was taken, except on the last day of the session. 

Section 66. No law granting a donation, or gratuity, in favor of any person 
or object, shall be enacted, except by the concurrence of two-thirds of each 
branch of the legislature, nor by any vote for a sectarian purpose or vise. 

Section 67. No new bill shall be introduced into either house of the legis- 
lature during the last three days of the session. 

Section 68. Appropriation and revenue bills shall, at regular sessions of the 
legislature, have precedence in both houses over all other business, and no such 
bills shall be passed during the last five days of the session. 

Section 69. General appropriation bills shall contain only the appropria- 
tions to defray the ordinary expenses of the executive, legislative, and judicial 



AND MISSISSIPPI 245 



departments of the government, to pay interest on State bonds, and to support 
the common schools. All other appropriations shall be made by separate bills, 
each embracing but one subject. Legislation shall not be engrafted on appro- 
priation bills, but the same may prescribe the conditions on which the money 
may be drawn, and for what purposes paid. 

Section 70. No revenue bill nor any bill providing for assessments of prop- 
erty for taxation shall, become a law, except by a vote of at least three-fifths 
of the members of each house present and voting. 

Section 71. Every bill introduced into the legislature shall have a title, 
and the title ought to indicate clearly the subject matter, or matters, of the pro- 
posed legislation. Each committee to which a bill may be referred shall ex- 
press in writing its judgment of the sufficiencj^ of the title of the bill, and this, 
too, whether the recommendation be that the bill do pass or do not pass. 

Section 72. Every bill which shall pass both houses shall be. presented to 
the governor of the State. If he approve, he shall sign it; but, if he does not 
approve, he shall return it, with his objection, to the house in which it originated, 
which shall enter the objections at large upon its journal, and proceed to recon- 
sider it. If, after such reconsideration, two-thirds of that house shall agree to 
pass the bill, it shall be sent, with the objections, to the other house, by which, 
likewise, it shall be reconsidered, and, if approved by two-thirds of that house, 
it shall become a law; but in all such cases, the votes of both houses shall be 
determined by yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each house respectively. If 
any bill shall not be returned by the governor within five days (Sunday excepted) 
after it has been presented to him, it shall become a law, in like manner as if he 
had signed it, unless the legislature, by adjournment, prevent its return; in 
which case it shall be a law, unless sent back within three days after the begin- 
ning of the next session of the legislature. No bill shall be approved when the 
legislature is not in session. 

Section 73. The governor may veto parts of any appropriation bill, and 
approve parts of the same, and the portions approved shall be law. 

Section 74. No bill shall become a law until it shall have been referred to 
a committee of each house and returned therefrom with a recommendation in 
writing. 

Section 75. No law of a general nature, unless therein otherwise provided, 
.shall be enforced until sixty daj^s after its passage. 

Section 76. In all elections by the legislature the members shall vote viva 
voce, and the votes shall be entered on the journals. 

Section 77. The governor shall issue writs of election to fill such vacancies 
as may occur in either house of the legislature, and the persons thereupon chosen 
shall hold their seats for the unexpired term. 

Injunctions 

Section 78. It shall be the duty of the legislature to regulate by law the 
cases in which deductions shall be made from salaries of public officers for neglect 
of official duty, and the amount of said deduction. 

Section 79. The legislature shall provide by law for the sale of all delinquent 
tax lands. The courts shall apply the same liberal principles in favor of such 
titles as in sale by execution. The right of redemption from all sales of real 



246 THE FEDERAL UNION 



estate for the non-payment of taxes, or special assessments, of any and every 
character whatsoever, shall exist, on conditions to be prescribed by law, in 
favor of owners and persons interested in such real estate, for a period of not 
less than two years. 

Section 80. Provision shall be made by general laws to prevent the abuse 
by cities, towns, and other municipal corporations of their powers of assess- 
ment, taxation, borrowing money, and contracting debts. 

Section 81. The legislature shall never authorize the permanent obstruc- 
tion of any of the navigable waters of this State, but may provide for the removal 
of such obstructions as now exist, whenever the public welfare demands; this 
section shall not prevent the construction, under proper authority, of draw- 
bridges for railroads, or other roads, nor the construction of "booms and chutes" 
for logs in such manner as not to prevent the safe passage of vessels, or logs, 
under regulations to be provided by law. 

Section 82. The legislature shall fix the amount of the penalty of all official 
bonds, and may, as far as practicable, provide that the whole or a part of the 
security required for the faithful discharge of official duty shall be made by some 
guarantee company or companies. 

Section 83. The legislature shall enact laws to secure the safety of persons 
from fires in hotels, theatres, and other public places of resort. 

Section 84. The legislature shall enact laws to limit, restrict, or prevent 
the acquiring and holding of land in this State by non-resident aliens, and may 
limit or restrict the acquiring or holding of lands by corporations. 

Section 85. The legislature shall provide by general law for the working 
of public roads by contract or by county prisoners, or both. Such law may be 
put in operation only by a vote of the board of supervisors in those counties 
where it may be desirable. 

Section 86. It shall be the duty of the legislature to provide by law for the 
treatment and care of the insane; and the legislature may provide for the care 
of the indigent sick in the hospitals in the State. 

Local Legislation 

Section 87. No special or local law shall be enacted for the benefit of in- 
dividuals or corporations in cases which are or can be provided for by a general 
law, or where the relief sought can be given by any court of this State ; nor shall 
the operation of any general law be suspended by the legislature for the benefit 
of any individual or private corporation or association, and in all cases where 
a general law can be made applicable, and would be advantageous, no special 
law shall be enacted. 

Section 88. The legislature shall pass general laws, under which local and 
private interests shall be provided for and protected, and under which cities and 
towns may be chartered and their charters amended, and under which corpora-^ 
tions may be created, organized, and their acts of incorporation altered; and* 
all such laws shall be subject to repeal or amendment. 

Section 89. There shall be appointed in each house of the legislature a 
standing committee on local and private legislation; the house committee to 
consist of seven representatives, and the senate committee of five senators. No 
local or private bill shall be passed by either house until it shall have been re- 
ferred to said committee thereof, and shall have been reported back with a 



AND MISSISSIPPI 247 



recommendation in writing that it do pass, stating affirmatively the reasons 
therefor, and why the end to be accomplished should not be reached by a general 
law, or by a proceeding in court; or if the recommendation of the committee 
be that the bill do not pass, then it shall not pass the house to which it is so 
reported unless it be voted for by a majority of all the members elected thereto. 
If a bill is passed in conformity to the requirements hereof, other than such as are 
prohibited in the next section, the courts shall not, because of its local, special, 
or private nature, refuse to enforce it. 

Section 90. The legislature shall not pass local, private, or special laws in 
any of the following enumerated cases, but such matters shall be provided for 
only by general laws, viz. : 

(a) Granting divorces. 

(6) Changing the names of persons, places, or corporations. 

(c) Providing for changes of venue in civil and criminal cases. 

(d) Regulating the rate of interest on money. 

(e) Concerning the settlement or administration of any estate, or the sale or 
mortgage of any property, of any infant, or of a person of unsound mind, or of 
any deceased person. 

(/) The removal of the disability of infancy. 

(g) Granting to any person, corporation, or association, the right to have 
any ferry, bridge, road, or fish-trap. 

(h) Exemption of property from taxation, or from levy or sale. 

(i) Providing for the adoption or legitimation of children. 

(j) Changing the law of descent and distribution. 

(k) Exempting any person from jury, road, or other civil duty (and no person 
shall be exempted therefrom by force of any local or private law). 

(I) Laying out, opening, altering, and working roads and highways. 

(m) Vacating any road or highway, town plat, street, alley, or public grounds. 

(n) Selecting, drawing, summoning, or empanelling grand or petit juries. 

(o) Creating, increasing, or decreasing the fees, salary, or emoluments of 
any public officer. 

(p) Providing for the management or support of any private or common 
school, incorporating the same, or granting such school any privileges. 

(q) Relating to stock laws, water-courses, and fences. 

(r) Conferring the power to exercise the right of eminent domain, or grant- 
ing to any person, corporation, or association the right to lay down railroad 
tracks, or street car tracks, in any other manner than that prescribed by general 
law. 

(s) Regulating the practice in courts of justice. 

(t) Providing for the creation of districts for the election of justices of the 
peace and constables. 

(?/.) Granting any lands under control of the State to any person or corporation. 

Prohibitions 

Section 91. The legislature shall not enact any law for one or more counties, 
not applicable to all the counties in the State, increasing the uniform charge for 
the registration of deeds, or regulating costs and charges and fees of officers. 

Section 92. The legislature shall not authorize payment to any person of 
the salarv of a deceased officer bevond the date of his death. 



248 THE FEDERAL UNION 



Section 93. The legislature shall not retire any officer on pay, or part pay, 
or make any grant to such retiring officer. 

Section 94. The legislature shall never create by law any distinction be- 
tween the rights of men and women to acquire, own, enjoy, and dispose of 
property of all kinds, or their power to contract in reference thereto. Married 
women are hereby fully emancipated from all disability on account of coverture. 
But this shall not prevent the legislature from regulating contracts between 
husband and wife; nor shall the legislature be prevented from regulating the 
sale of homesteads. 

Section 95. Lands belonging to, or under the control of, the State shall 
never be donated directly, or indirectly, to private corporations or individuals, 
or to railroad companies. Nor shall such land be sold to corporations or asso- 
ciations for a less price than that for which it is subject to sale to individuals. 
This, however, shall not prevent the legislature from granting a right of way, 
not exceeding one hundred feet in width, as a mere easement, to railroads across 
State land, and the legislature shall never dispose of the land covered by said 
right of way so long as such easement exists.' 

Section 96. The legislature shall never grant extra compensation, fee, or 
allowance to any public officer, agent, servant, or contractor, after service 
rendered, or contract made, nor authorize payment, or part payment, of am*- 
claim under any contract, not authorized by law; but appropriations may be 
made for expenditures in repelling invasion, preventing or suppressing insurrec- 
tions. 

Section 97. The legislature shall have no power to revive any remedy which 
may have become barred by lapse of time, or by any statute of limitation of this 
State. 

Section 98. No lottery shall ever be allowed, or be advertised by news- 
papers, or otherwise, or its tickets be sold in this State ; and the legislature shall 
provide by law for the enforcement of this provision; nor shall any lottery 
heretofore authorized be permitted to be drawn or its tickets sold. 

Section 99. The legislature shall not elect any other than its own officers, 
State librarian, and United States senators; but this section shall not prohibit 
the legislature from appointing presidential electors. 

Section 100. No obligation or liability of any person, association, or cor- 
poration held or owned by this State, or levee board, or any county, city, or 
town thereof, shall ever be remitted, released, or postponed, or in any way 
diminished by the legislature, nor shall such liability or obligation be extinguished 
except by payment thereof into the proper treasury; nor shall such liability 
or obligation be exchanged or transferred except upon payment of its face 
value; but this shall not be construed to prevent the legislature from provid- 
ing by general law for the compromise of doubtf uL claims. 

Section 101. The seat of government of the State shall be at the city of 
Jackson, and shall not be removed or relocated without the assent of a majority 
of the electors of the State. 

Miscellaneous 

Section 102. All general elections for State and county officers shall com- 
mence and be holden every four years, on the first Tuesday after the first Mon- 
day in November, until altered by law; and the electors, in all cases except in 



AND MISSISSIPPI 249 



cases of treason, felony, and breach of the peace, shall be privileged from arrest 
during their attendance at elections and in going to and returning therefrom. 

Section 103. In all cases not otherwise provided for in this constitution, 
the legislature may determine the mode of filling all vacancies, in all offices, 
and in cases of emergency provisional appointments may be made by the gover- 
nor, to continue until the vacancy is regularly filled; and the legislature shall 
provide suitable compensation for all officers, and shall define their respective 
powers. 

Section 104. Statutes of limitation in civil cases shall not run against the 
State, or any subdivision or municipal corporation thereof. 

Section 105. The legislature shall provide for the enumeration of the whole 
number of inhabitants, and the qualified electors of the State, once in every 
ten years ; and the first enumeration shall be made during the two months 
beginning on the first Monday of June, 1895, and the legislature shall provide for 
the same by law. 

Section 106. There shall be a State librarian, to be chosen bj^ the legisla- 
ture, on joint vote of the two houses, to serve for four years, whose duties and 
compensation shall be prescribed by law. Any woman, a resident of the State 
four years, and who has attained the age of twenty years, shall be eligible to 
said office. 

Section 107. All stationery, printing, paper, and fuel, used by the legisla- 
ture and other departments of the government, shall be furnished; and the 
printing and binding of the laws, journals, department reports, and other 
printing and binding, and the repairing and furnishing the halls and rooms used 
for the meeting of the legislature, and its committees, shall be performed under 
contract, to be given to the lowest responsible bidder, below such maximum 
and under such regulations as may be prescribed by law. No member of the 
legislature or officer of any department shall be in any way interested in such 
contract; and all such contracts shall be subject to the approval of the governor 
and State treasurer. 

Section 108. Whenever the legislature shall take away the duties pertain- 
ing to any office, then the salary of the officer shall cease. 

Section 109. No public officer or member of the legislature shall be inter- 
ested directly or indirectly in any contract with the State, or any district, 
county, city, or town thereof, authorized by any law passed or order made by 
any board of which he may be or may have been a member, during the term for 
which he shall have been chosen, or within one year after the expiration of such 
term. 

Section 110. The legislature may provide, by general law, for condemning 
rights of way for private roads, where necessary for ingress and egress by the 
party applying, on due compensation being first made to the owner of the prop- 
erty; but such rights of way shall not be provided for in incorporated cities 
and towns. 

Section 111. All lands comprising a single tract sold in pursuance of decree 
of court, or execution, shall be first offered in subdivisions not exceeding one 
hundred and sixty acres, or one-quarter section, and then offered as an entirety, 
and the price bid for the latter shall control only when it shall exceed the aggre- 
gate of the bids for the same in subdivisions as aforesaid ; but the chancery court, 
in cases before it, may decree otherwise if deemed advisable to do so. 



250 THE FEDERAL UNIOX 



Section 112. Taxation shall be uniform and equal throughout the State. 
Property shall be taxed in proportion to its value. The legislature may, how- 
ever, impose a tax per capita upon such domestic animals as from their nature 
and habits are destructive of other property. Property shall be assessed for 
taxes under general laws, and by uniform rules, according to its true value. 
But the legislature may provide for a special mode of valuation and assessment 
for railroads, and railroad and other corporate property, or for particular species 
of property belonging to persons, corporations, or associations not situated 
wholly in one county. But all such property shall be assessed at its true value, 
and no county shall be denied the right to levy county and special taxes upon 
such assessment, as in other cases of property situated and assessed in the 
county. 

Section 113. The auditor shall, within sixty days after the adjournment 
of the legislature, prepare and publish a full statement of all money expended 
at such session, specifying the items and amount of each item, and to whom and 
for what paid; and he shall also publish the amounts of all appropriations. 

Section 114. Returns of all elections by the people shall be made to the 
secretary of state in such manner as shall be provided by law. 

Section 115. The fiscal year of the State of Mississippi shall commence on 
the first of October, and end on the thirtieth day of September of each year; and 
the auditor of public accounts and the treasurer of the State shall compile, and 
have published, a full and complete report, showing the transactions of their 
respective offices on or before the thirty-first day of December of each year for 
the preceding fiscal year. 

ARTICLE V.— Executive 

Section 116. The chief executive power of this State shall be vested in a 
governor, who shall hold his office for four years, and who shall be ineligible as 
his immediate successor in office. 

Section 117. The governor shall be at least thirty years of age, and shall 
have been a citizen of the United States twenty years, and shall have resided in 
this State five years next preceding the day of his election. 

Section 118. The governor shall receive for his services such compensa- 
tion as may be fixed by law, which shall neither be increased nor diminished 
during his term of office. 

Section 119. The governor shall be commander-in-chief of the army and 
navy of the State, and of the militia, except when they shall be called into the 
service of the United States. 

Section 120. The governor may require information, in writing, from the 
officers in the executive departments of the State on any subject relating to the 
duties of their respective offices. 

Section 121. The governor shall have power to convene the legislature in 
extraordinary session whenever in his judgment the public interest reqiiires it. 
Should the governor deem it necessary to convene the legislature, he shall do so 
by public proclamation, in which he shall state the subjects and matters to be 
considered by the legislature when so convened; and the legislature when so 
convened, as aforesaid, shall have no power to consider or act upon subjects 
or matters other than those designated in the proclamation of the governor, 



AND MISSISSIPPI 251 



by which the session is called, except impeachments, and examination into the 
accounts of State officers. The legislature when so convened may also act on 
and consider such other matters as the governor may in writing submit to them 
while in session. The governor may convene the legislature at the seat of gov- 
ernment, or at a different place if that shall become dangerous from an enemy 
of from disease; and in case of a disagreement between the two houses, with 
respect to time of adjournment, adjourn them to such time as he shall think 
proper, not beyond the da}' of the next stated meeting of the legislature. 

Section 122. The governor shall, from time to time, give the legislature in- 
formation of the state of the government, and recommend for consideration 
such measures as may be deemed necessary and expedient. 

Section 123. The governor shall see that the laws are faithfully executed. 

Section 124. In all criminal and penal cases, excepting those of treason 
and impeachment, the governor shall have power to grant reprieves and pardons, 
to remit fines, and in cases of forfeiture to stay the collection until the end of 
the next session of the legislature, and by and with the consent of the senate to 
remit forfeitures. In cases of treason, he shall have power to grant reprieves. 
by and with the consent of the senate, but may respite the sentence until the 
end of the next session of the legislature; but no pardon shall be granted before 
conviction, and in cases of felony after conviction no pardon shall be granted 
until the applicant therefor shall have published for thirty days, in some news- 
paper in the county where the crime was committed, and in case there be no 
newspaper published in said county, then in an adjoining county, his petition 
for pardon, setting forth therein the reasons why such pardon should be granted. 
Section 125. The governor shall have the power, and it is hereby made his 
duty, to suspend alleged defaulting State and county treasurers and defaulting 
tax collectors, pending the investigation of their respective accounts, and to 
make temporary appointments of proper persons to fill the offices while such 
investigations are being made, and the legislature shall provide for the en- 
forcement of this provision by appropriate legislation. 

Section 126. There shall be a seal of the State kept by the governor, and 
used by him officially, and be called the great seal of the State of Mississippi. 

Section 127. All commissions shall be in the name and by the authority 
of the State of Mississippi, be sealed with the great seal of State, and be signed 
by the governor, and attested by the secretary of state. 

Section 128. There shall be a lieutenant-governor, who shall be elected 
at the same time, in the same manner, and for the same term, and who shall 
possess the same qualifications as required of the governor. 

Section 123. The lieutenant-governor shall, by virtue of his office, be presi- 
dent of the senate. In committee of the whole, he may debate all questions, 
and when there is an equal division in the senate, or on a joint vote of both 
houses, he shall give the casting vote. 

Section 130. The lieutenant-governor shall receive for his services the 
same compensation as the speaker of the house of representatives. 

Section 131. When the office of governor shall become vacant, by death 
or otherwise, the lieutenant-governor shall possess the powers and discharge 
the duties of said office. When the governor shall be absent from the State, 
or unable from protracted illness to perform the duties of the office, the lieu- 
tenant-governor shall discharge the duties of said office until the governor be 



252 THE FEDERAL UNION 



able to resume his duties; but if, from disability of otherwise, the lieutenant- 
governor shall be incapable of performing said duties, or if he be absent from 
the State, the president of the senate pro tempore shall act in his stead; but 
if there be no such president, or if he be disqualified by like disability, or be 
absent from the State, then the speaker of the house of representatives shall 
assume the office of governor, and perform said duties; and in case of the in- 
ability of the foregoing officers to discharge the duties of governor, the secretary 
of state shall convene the senate, to elect a president pro tempore. The officer 
discharging the duties of governor shall receive compensation as such. Should 
a doubt arise as to whether a vacancy has occurred in the office of governor or 
as to whether any one of the disabilities mentioned in this section exists or shall 
have ended, then the secretary of state shall submit the question in doubt to 
the judges of the supreme court, who, or a majority of whom, shall investigate' 
and determine said question; and shall furnish to said secretary of state an 
opinion in writing determining the question submitted to them, which opinion 
when rendered as aforesaid shall be final and conclusive. 

Section 132. In case the election for lieutenant-governor shall be contested, 
the contest shall be tried and determined in the same manner as a contest for the 
office of governor. 

Section 133. There shall be a secretary of state, who shall be elected as 
herein provided. He shall be at least twenty-five years of age, a citizen of the 
State five years next preceding the day of his election, and be shall continue in 
office during the term of four years, and shall be keeper of the capitol ; he shall 
keep a correct register of all official acts and proceedings of the governor; and 
shall, when required, lay the same, and all papers, minutes, and vouchers relative 
thereto, before the legislature, and he shall perform such other duties as may 
be required of him by law. He shall receive such compensation as shall be 
prescribed. 

Section 134. A State treasurer and an auditor of public accounts shall be 
elected as herein provided, who shall hold their offices for the term of four years, 
and shall possess the same qualifications as required for the secretary of state ; 
they shall receive such compensation as may be provided by law. Said treasurer 
and auditor of public accounts shall be ineligible to immediately succeed them- 
selves or each other in office. 

Section 135. There shall be a .sheriff, coroner, treasurer, assessor, and sur- 
veyor for each county, to be selected as elsewhere provided herein, who shall 
hold their offices for four years. The sheriff and treasurer shall be ineligible 
to immediately succeed themselves or each other in office. 

Section 136. All officers named in this article shall hold their offices during 
the term for which they were selected, unless removed, and until their successors 
shall be duly qualified to enter on the discharge of their respective duties. 

Section 137. It shall be the duty of the State treasurer, within ten days 
after the first day of January and July of each year, to publish a statement, 
under oath, in some newspaper published at the seat of government, showing 
the condition of the treasury on said days, the balance on hand and in what 
funds, together with a certificate of the governor that he has verified the count 
of the funds in the treasury and found the balance, stated by the treasurer, ac- 
tually in the vaults of the treasury, or as the truth may be. And it shall be 
the duty of the governor, at such other times as he may deem proper, to go to 



AND MISSISSIPPI 253 



the treasury, without giving notice to the treasurer, and verify the cash balance as 
shown by the books, and to publish the fact that he has done so, and whether the 
amount called for by the books be actually in the treasury, and stating whether 
the treasurer had any notice whatever that the verification would be made. 

Section 138. The sheriff, coroner, treasurer, assessor, surveyor, clerks of 
the courts, and members of the board of supervisors of the several counties, and 
all other officers exercising local jurisdiction therein, shall be selected in the 
manner provided b}^ law for each county. 

Section 139. The legislature may empower the governor to remove and 
appoint officers, in any country or counties or municipal corporations, under 
such regulations as may be prescribed by law. 

Section 140. The governor of the State shall be chosen in the following 
manner: 

On the first Tuesday after the first Monday of November of a. d. 1895, and 
on the first Tuesday after the first Monday of November in every fourth year 
thereafter, until the day shall be changed by law, an election shall be held in the 
several counties and districts created for the election of members of the house of 
representatives in this State, for governor, and the person receiving in anj- 
county or such legislative district the highest number of votes cast therein for 
said office, shall be holden to have received as many votes as such county or 
district is entitled to members in the house of representatives, which last named 
votes are hereby designated "electoral votes' \ In all cases where a representa- 
tive is apportioned to two or more counties or districts the electoral vote based 
on such representative shall be equally divided among such counties or districts. 
The returns of said election shall be certified by the election commissioners, or 
a majority of them, of the several counties, and transmitted, sealed, to the seat 
of government, directed to the secretary of state, and shall be by him safely 
kept and delivered to the speaker of the house of representatives at the next 
ensuing session of the legislature within one day after he shall have been elected. 
The speaker shall, on the next Tuesday after he shall have received said returns, 
open and publish them in the presence of the house of representatives, and said 
house shall ascertain and count the vote of each county and legislative district 
and decide any contest that may be made concerning the same, and said decision 
shall be made by a majority of the whole number of members of the house of 
representatives concurring therein, by a viva voce vote, which shall be recorded 
in its journal; provided, in case the two highest candidates have an equal num- 
ber of votes in any county or legislative district, the electoral vote of such county 
or legislative district shall be considered as equally divided between them. The 
person found to have received a majority of all the electoral votes, and also 
a majority of the popular vote, shall be declared elected. 

Section 141. If no person shall receive such majorities, then the house of 
representatives shall proceed to choose a governor from the two persons who 
shall have received the highest number of popular votes; the election shall be 
by viva voce vote, which shall be recorded in the journal, in such manner as to 
show for whom each member voted. 

Section 142. In case of an election of governor or any State officer by the 
house of representatives, .no member of that house shall be eligible to receive 
any appointment from the governor or other State officer so elected, during the 
term for which he shall be selected. 



254 THE FEDERAL UNION 



Section 143. All other State officers shall be elected at the same time and 
in the same manner as provided for election of governor. 

ARTICLE VI.— Judiciary 

Section 144. The judicial power of i.he State shall be vested in a supreme 
court and such other courts as are provided for in this constitution. 

Section 145. The supreme court shall consist of three judges, an}*- two of 
whom, when convened, shall form a quorum. The legislature shall divide the 
State into three supreme court districts, and the governor, by and with the 
advice and consent of the senate, shall appoint one judge for and from each 
district ; but the removal of a judge to the State capital during his term of office 
shall not render him ineligible as his own successor for the district from which 
he has .removed. The present incumbents shall be considered as holding their 
terms of office from the State at large. 

Section 146. The supreme court shall have such jurisdiction as properly 
belongs to a court of appeals. 

Section 147. No judgment or decree in any chancery or circuit court ren- 
dered in a civil cause shall be reversed or annulled on the ground of want of 
jurisdiction to render said judgment or decree, from any error or mistake as to 
whether the cause in which it was rendered was of equity or common law juris- 
diction; but if the supreme court shall find error in the proceedings other than 
as to jurisdiction, and it shall be necessary to remand the case, the supreme court 
may remand it to that court which in its opinion can best determine the con- 
troversy. 

Section 148. The supreme court shall be held twice in each year at the seat 
of government, at such time as the legislature may provide. 

Section 149. The term of office of the judges of the supreme court shall be 
nine years. The office of one of said judges shall be vacated in three years, 
one in six years, and one in nine years, so that at the expiration of every three 
years one of said judges shall be appointed as aforesaid. 

Section 150. No person shall be eligible to the office of judge of the supreme 
court who shall not have attained the age of thirty years at the time of his ap- 
pointment, and who shall not have been a practising attorney and a citizen of 
the State for five years immediately preceding such appointment. 

Section 151. All vacancies which may occur in said court from death, 
resignation, or removal, shall be filled by appointment as aforesaid; but if a 
vacancy shall occur during the recess of the legislature, the governor shall ap- 
point a successor who shall hold his office until the end of the next session of the 
senate unless his nomination shall be sooner rejected. 

Section 152. The legislature shall divide the State into convenient circuit 
and chancery court districts. 

Section 153. The judges of the circuit courts and of the chancery courts 
shall be appointed by the governor, with the advice and consent of the senate, 
and shall hold their offices for the term of four years. 

Section 154. No person shall be eligible to the office of judge of the circuit 
court or of the chancery court, who shall not have been a practising lawyer for 
five years, and who shall not have attained the age of twenty-six years, and who 
shall not have been five vears a citizen of this State. 



AND MISSISSIPPI 255 



Section 155. The judges of the several courts of this State shall, before 
they proceed to execute the duties of their respective offices, take the following 

oath or affirmation, to-wit: '% , solemnly swear (or affirm) that I 

will administer justice without respect to persons, and do equal right to the poor 
and to the rich, and that I will faithfully and impartially discharge and perform 

all the duties incumbent upon me as , according to the best of 

my ability and understanding, agreeably to the Constitution of the United 
States, and the constitution and laws of the State of Mississippi ; so help me 
God." 

Section 156. The circuit court shall have original jurisdiction in all matters 
civil and criminal in this State not vested by this constitution in some other 
court, and such appellate jurisdiction as shall be prescribed by law. 

Section 157. All causes that may be brought in the circuit court whereof 
the chancery court has exclusive jurisdiction shall be transferred to the chancery 
court. 

Section 158. A circuit court shall be held in each county at least twice in 
each year, and the judges of said courts may interchange circuits with each other 
in such manner as may be provided by law. 

Section 159. The chancery court shall have full jurisdiction in the follow- 
ing matters and cases, viz. : 

(a) All matters in equity. 

(6) Divorce and alimony. 

(c) Matters testamentary and of administration. 

(d) Minors' business. 

(e) Cases of idiocy, lunacy, and persons of unsound mind. 

(/) All cases of which the said court had jurisdiction under the laws in force 
when this constitution is put in operation. 

Section 160. And in addition to the jurisdiction heretofore exercised by the 
chancery court in suits to try title and to cancel deeds and other clouds upon 
title to real estate, it shall have jurisdiction in such cases to decree possession, 
and to displace possession, to decree rents and compensation for improvements 
and taxes; and in all cases where said court heretofore exercised jurisdiction, 
auxiliary to courts of common law, it may exercise such jurisdiction to grant 
the relief sought, although the legal remedy may not have been exhausted or the 
legal title established by a suit at law. 

Section 161. And the chancery court shall have jurisdiction, concurrent 
with the circuit court, of suits on bonds of fiduciaries and public officers for 
failure to account for money or property received, or wasted or lost by neglect 
or failure to collect, and of suits involving inquiry into matters of mutual ac- 
counts ; but if the plaintiff brings his suit in the circuit court, that court may, 
on application of the defendant, transfer the cause to the chancery court if it 
appears that the accounts to be investigated are mutual and complicated. 

Section 162. All causes that may be brought in the chancery court whereof 
the circuit court has exclusive jurisdiction shall be transferred to the circuit 
court. 

Section 163. The legislature shall provide by law for the due certification 
of all causes that may be transferred to or from any chancery court or circuit 
court, for such reformation of the pleading therein as may be necessary, and the 
adjudication of the costs of such transfer. 



256 THE FEDERAL UXIOX 



Section 164. A chancery court shall be held in each county at least twice 
in each year, 

Sectiox 165, No judge of an} r court shall preside on the trial of any cause 
where the parties or either of them shall be connected with him by affinity or 
consanguinity, or where he may be interested in the same, except by the consent 
of the judge and of the parties. Whenever any judge of the supreme court or the 
judge or chancellor of any district, in this State, shall, for any reason, be unable 
or disqualified to preside at any term of court, or in any case where the attorneys 
engaged therein shall not agree upon a member of the bar to preside in his place, 
the goA T ernor may commission another, or others, of law knowledge to preside 
at such term or during such disability or disqualification in the place of the judge 
or judges so disqualified. Where either party shall desire, the supreme court, 
for the trial of any cause, shall be composed of three judges. No judgment or 
decree shall be affirmed by disagreement of two judges constituting a quorum. 

Section 166. The judges of the supreme court, of the circviit courts, and the 
chancellors, shall receive for their services a compensation to be fixed by law, 
which shall not be increased or diminished during their continuance in office. 

Section 167. All civil officers shall be conservators of the peace, and shall 
be, by law, vested with ample power as such. 

Section 168. The clerk of the supreme court shall be elected as other State 
officers for the term of four years, and the clerk of the circuit court and the clerk 
of the chancery court shall be selected in each county in the manner provided 
by law, and shall hold office for the term of four years, and the legislature shall 
provide by law what duties shall be performed during vacation by the clerks 
of the circuit and chancery courts, subject to the approval of the court. 

Section 169. The style of all process shall be "The State of Mississippi," 
and all prosecutions shall be carried on in the name and by authority of the 
"State of Mississippi," and all indictments shall conclude "against the peace 
and dignity of the State.' ' 

Section 170. Each county shall be divided into five districts. A resident 
freeholder of each district shall be selected, in the manner prescribed by law, 
and the five so chosen shall constitute the board of supervisors of the county, 
a majority of whom may transact business. The board of supervisors shall have 
full jurisdiction over roads, ferries, and bridges, to be exercised in accordance 
with such regulations as the legislature may prescribe, and perform such other 
duties as may be required by law. The clerk of the chancery court of each 
county shall be clerk of the board of supervisors. 

Section 171. A competent number of justices of the peace and constables 
shall be chosen in each county in the manner provided by law, for each district, 
who shall hold their office for the term of four years. No person shall be eligible 
to the office of justice of the peace who shall not have resided two years in the 
district next preceding his selection. The jurisdiction of justices of the peace 
shall extend to causes in which the principal amount in controversy shall not 
exceed the sum of two hundred dollars ; and they shall have jurisdiction con- 
current with the circuit court over all crimes whereof the punishment prescribed 
does not extend beyond a fine and imprisonment in the county jail, but the 
legislature may confer on the justices of the peace exclusive jurisdiction in such 
petty misdemeanors as it shall see proper. In all causes tried by a justice of the 
peace, the right of appeal shall be secured under such rules and regulations as 



AXD MISSISSIPPI 257 



shall be prescribed by law, and no justice of the peace shall preside at the trial 
of any cause where he may be interested, or the parties, or either of them, shall 
be connected with him by affinity or consanguinity, except by the consent of 
the justice of the peace and of the parties. 

Sectiox 172. The legislature shall, from time to time, establish such other 
inferior courts as may be necessary, and abolish the same whenever deemed 
expedient. 

Sectiox 173. There shall be an attorney-general elected at the same time 
and in the same manner as the governor is elected, whose term of office shall be 
four years, and whose compensation shall be fixed by law. The qualifications 
for the attorney-general shall be the same as herein prescribed for judges of the 
circuit and chancery courts. 

Sectiox 174. A district attorney for each circuit court district shall be 
selected in the manner provided by law, whose term of office .shall be four years, 
whose duties shall be prescribed by law, and whose compensation shall be a fixed 
salary. 

Sectiox 175. All public officers, for wilful neglect of duty, or misdemeanor 
in office, shall be liable to presentment or indictment by a grand jury, and, upon 
conviction, shall be removed from office, and otherwise punished as may be 
prescribed by law. 

Sectiox 176. No person shall be a member of the board of supervisors who 
is not a resident freeholder in the district for which he is chosen. The value of 
real estate necessary to be owned to qualify persons in the several counties to 
be members of said board shall be fixed by law. 

Section 177. The governor shall have power to fill any vacancy which 
may happen during the recess of the senate, in the office of judge or chancellor, 
by making a temporary appointment of an incumbent which shall expire at the 
end of the next session of the senate, unless a successor shall be sooner appointed, 
and confirmed b\^ the senate. When a temporary appointment of a judge or 
chancellor has been made during the recess of the senate, the governor shall have 
no power to remove the person or appointee, nor power to withhold his name from 
the senate for their action. 

ARTICLE VII.— Corporations 

Sectiox 178. Corporations shall be formed under general laws only. The 
legislature shall have power to alter, amend, or repeal any charter of incorpora- 
tion now existing, and revocable, and any that may hereafter be created, when- 
ever in its opinion it may be for the public interest to do so ; provided, however, 
that no injustice shall be done to the stockholders. Xo charter for any private 
corporation for pecuniary gain shall be granted for a longer period than ninety- 
nine years. In assessing for taxation the property and franchises of corporations 
having charters for a longer period than ninety-nine } T ears, the increased value of 
such property and franchises arising from such longer duration of their charters 
shall be considered and assessed; but any such corporation shall have the right 
to surrender the excess over ninety-nine years of its charter. 

Sectiox 179. The legislature shall never remit the forfeiture of the franchise 
of any corporation now existing, nor alter nor amend the charter thereof, nor 
pass any general or special law for the benefit of such corporation, except upon 



258 THE FEDERAL UNION 



the condition that such corporation shall thereafter hold its charter and fran- 
chises subject to the provisions of this constitution; and the reception by any 
corporation of any provision of any such laws, or the taking of any benefit or 
advantage from the same, shall be conclusively held an agreement by such cor- 
poration to hold thereafter its charter and franchises under the provisions 
hereof. 

Section 180. All existing charters or grants of corporate franchise under 
which organizations have not in good faith taken place at the adoption of this 
constitution shall be subject to the provisions of this article; and all such char- 
ters under which organizations shall not take place in good faith and business 
be commenced within one year from the adoption of this constitution, shall 
thereafter have no validity; and every charter or grant of corporate franchise 
hereafter made shall have no validity, unless an organization shall take place 
thereunder and business be commenced within two years from the date of such 
charter or grant. 

Section 181. The property of all private corporations for pecuniary gain 
shall be taxed in the same way and to the same extent as the property of in- 
dividuals ; but the legislature may provide for the taxation of banks and banking 
capital by taxing the shares according to the value thereof (augmented by the 
accumulations, surplus, and unpaid dividends), exclusive of real estate, which 
shall be taxed as other real estate. Exemptions from taxation to which cor- 
porations are legally entitled at the adoption of this constitution, shall remain 
in full force and effect for the time of such exemptions as expressed in their 
respective charters, or by general laws, \mless sooner repealed by the legislature. 
And domestic insurance companies shall not be required to pay a greater tax in 
the aggregate than is required to be paid by foreign insurance companies doing 
business in this State, except to the extent of the excess of their ad valorem tax 
over the privilege tax imposed upon such foreign companies; and the legislature 
may impose privilege taxes on building and loan associations in lieu of all other 
taxes except on their real estate. 

Section 182. The power to tax corporations and their property shall never 
be surrendered or abridged by any contract or grant to which the State or any 
political subdivision thereof may be a party, except that the legislature may 
grant exemption from taxation in the encouragement of manufactures and 
other new enterprises of public utility extending for a period not exceeding five 
years, the time of such exemptions to commence from date of charter, if to a 
corporation; and if to an individual enterprise, then from the commencement 
of work; but when the legislature grants such exemptions for a period of five 
years or less, it shall be done by general laws, which shall distinctly enumerate 
the classes of manufactures and other new enterprises of public utility entitled 
to such exemptions, and shall prescribe the mode and manner in which the right 
to such exemptions shall be determined. 

Section 183. No county, city, town, or other municipal corporation shall 
hereafter become a subscriber to the capital stock of any railroad or other cor- 
poration or association, or make appropriation, or loan its credit in aid of such 
corporation or association. All authority heretofore conferred for any of the 
purposes aforesaid by the legislature or by the charter of any corporation is 
hereby repealed. Nothing in this section contained shall affect the right of any 
such corporation, municipality, or county to make such subscription where the 



AND MISSISSIPPI 259 



same has been authorized under laws existing at the time of the adoption of this 
constitution, and by a vote of the people thereof had prior to its adoption, and 
where the terms of submission and subscription have been or shall be complied 
with, or to prevent the issue of renewal bonds, or the use of such other means 
as are or may be prescribed by law for the payment or liquidation of such sub- 
scription or of any existing indebtedness. 

Section 184. All railroads which carry persons or property for hire shall be 
public highways, and all railroad companies so engaged shall be common carriers. 
Any company organized for that purpose under the laws of the State shall have 
the right to construct and operate a railroad between any points within this 
State, and to connect at the State line with roads of other States. Every rail- 
road company shall have the right with its road to intersect, connect with, or 
cross any other railroad; and all railroad companies shall receive and transport 
each other's passengers, tonnage, and cars loaded or empty, without unnecessary 
delay or discrimination. 

Section 185. The rolling stock belonging to any railroad company or cor- 
poration in this State shall be considered personal property, and shall be liable 
to execution and sale as such. 

Section 186. The legislature shall pass laws to prevent abuses, unjust dis- 
crimination, and extortion in all charges of express, telephone, sleeping car, 
telegraph, and railroad companies, and shall enact laws for the supervision of 
railroads, express, telephone, telegraph, sleeping car companies, and other 
common carriers in this State, by commission or otherwise, and shall provide 
adequate penalties, to the extent, if necessary for that purpose, of forfeiture of 
their franchises. 

Section 187. No railroad hereafter constructed in this State shall pass 
within three miles of any county seat without passing through the same, and 
establishing and maintaining a depot therein, unless prevented by natural 
obstacles; provided, such town or its citizens shall grant the right-of-way 
through its limits, and sufficient grounds for ordinary depot purposes. 

Section 188. No railroad or other transportation company shall grant free 
passes or tickets, or passes or tickets at a discount, to members of the legislature, 
or any State, district, county, or municipal officers, except railroad commis- 
sioners. The legislature shall enact suitable laws for the detection, prevention, 
and punishment of violations of this provision. 

Section 189. All charters granted to private corporations in this State 
shall be recorded in the chancery clerk's office of the county in which the prin- 
cipal office or place of business of such company shall be located. 

Section 190. The exercise of the right of eminent domain shall never be 
abridged, or so construed as to prevent the legislature from taking the property 
and franchises of incorporated companies and subjecting them to public use; 
and the exercise of the police powers of the State shall never be abridged, or so 
construed as to permit corporations to conduct their business in such manner 
as to infringe upon the rights of individuals or the general well-being of the State. 

Section 191. The legislature shall provide for the protection of the employ- 
ees of all corporations doing business in this State from interference with their 
social, civil, or political rights by said corporations, their agents or employees. 

Section 192. Provisions shall be made by general laws whereby cities and 
towns may be authorized to aid and encourage the establishment of manu- 



260 THE FEDERAL UNION 



factories, gas-works, water-works, and other enterprises of public utility other 
than railroads, within the limits of said cities or towns, by exempting all prop- 
erty used for such purposes from municipal taxation for a period not longer 
than ten years. 

Section 193. Every employee of any railroad corporation shall have the 
same right and remedies for any injury suffered by him from the act or omission 
of said corporation or its employees, as are allowed by law to other persons not 
employees, where the injury results from the negligence of a superior agent or 
officer, or of a person having the right to control or direct the services of the party 
injured, and also when the injury results from the negligence of a fellow-servant 
engaged in another department of labor from that of the party injured, or of 
a fellow-servant on another train of cars, or one engaged about a different piece 
of work. Knowledge by any employee injured of the defective or unsafe char- 
acter or condition of any machinery, ways, or appliances, shall be no defence to 
an action for injury caused thereby, except as to conductors or engineers in charge 
of dangerous or unsafe cars, or engines voluntarily operated by them. Where 
death ensues from any injury to employees, the legal or personal representatives 
of the person injured shall have the same right and remedies as are allowed by 
law to such representatives of other persons. Any contract or agreement, ex- 
press or implied, made by any emploj^ee to waive the benefit of this section shall 
be null and void; and this section shall not be construed to deprive any em- 
ployee of a corporation, or his legal or personal representative, of any right or 
remedy that he now has by the law of the land. The legislature may extend 
the remedies herein provided for to any other class of employees. 

Section 194. The legislature shall provide by law that in all elections for 
directors or managers of incorporated companies, every stockholder shall have 
the right to vote in person or by proxy for the number of shares of stock owned 
by him, for as many persons as there are directors or managers to be elected, 
or to cumulate said shares, so as to give one candidate as many votes as the 
number of directors multiplied by the number of his shares of stock shall equal, 
or to distribute them on the same principle among as many candidates as he 
shall see fit; and such directors or managers shall not be elected in any other 
manner; but no person who is engaged or interested in a competing business, 
either individually or as employee, or stockholder, shall serve on any board of 
directors of any corporation without the consent of a majority in interest of the 
stockholders thereof. 

Section 195. Express, telegraph, telephone and sleeping car companies are 
declared common carriers in their respective lines of business, and subject to 
liability as such. 

Section 196. No transportation corporation shall issue stocks or bonds 
except for money, labor done, or in good faith agreed to be done, or money or 
property actually received; and all fictitious increase of stock or indebtedness 
shall be void. 

Section 197. The legislature shall not grant to any foreign corporation or 
association a license to build, operate, or lease any railroad in this State; but 
in all cases where a railroad is to be built or operated, and the same shall be 
partly in this State and partly in another State, or in other States, the owners 
or projectors thereof shall first become incorporated under the laws of this State; 
nor shall any foreign corporations or associations lease or operate any railroad 



AND MISSISSIPPI 261 



in this State or purchase the same, or any interest therein; consolidation of any 
railroad lines and corporations in this State with others shall be allowed only 
where the consolidated company shall become a domestic corporation of this 
State. No general or special law shall ever be passed for the benefit of any 
foreign corporation operating a railroad under an existing license from this State, 
or under an existing lease ; and no grant of any right or privilege, and no ex- 
emption from any burden, shall be made to any such foreign corporation, except 
upon the condition that the owners or stockholders thereof shall first organize a 
corporation in this State under the laws thereof, and shall thereafter operate 
and manage the same, and the business thereof under said domestic charter. 

Section 198. The legislature shall enact laws to prevent all trusts, combina- 
tions, contracts and agreements inimical to the public welfare. - 

Section 199. The term corporation used in this article shall include all 
associations and all joint stock companies for pecuniary gain, having privileges 
not possessed by individuals or partnerships. 

Section 200. The legislature shall enforce the provisions of this article by 
appropriate legislation. 

ARTICLE VIII.— Education 

Section 201. It shall be the duty of the legislature to encourage, by all 
suitable means, the promotion of intellectual, scientific, moral and agricultural 
improvement, by establishing a uniform system of free public schools, by taxa- 
tion, or otherwise, for all children between the ages of five and twenty-one years, 
and, as soon as practicable, to establish schools of higher grade. 

Section 202. There shall be a superintendent of public education elected 
at the same time and in the same manner as the governor, who shall have the 
qualifications required of the secretary of state, and hold his office for four years 
and until his successor shall be elected and qualified, who shall have the general 
supervision of the common schools, and of the educational interests of the State, 
and who shall perform such other duties and receive such compensation as shall 
be prescribed by law. 

Section 203. There shall be a board of education, consisting of the secretary 
of state, the attorney-general, and the superintendent of public education, for 
the management and investment of the school funds, according to law, and for 
the performance of such other duties as may be prescribed. The superintendent 
and one other of said board shall constitute a quorum. 

Section 204. There shall be a superintendent of public education in each 
county, who shall be appointed by the board of education by and with the advice 
and consent of the senate, whose term of office shall be four years, and whose 
qualifications, compensation and duties shall be prescribed by law; provided, 
that the legislature shall have power to make the office of county school super- 
intendent of the several counties elective, or may otherwise provide for the dis- 
charge of the duties of county superintendents, or abolish said office. 

Section 205. A public school shall be maintained in each school district 
in the county at least four months during each scholastic year. A school dis- 
trict neglecting to maintain its school four months, shall be entitled to only such 
part of the free school fund as may be required to pay the teacher for the time 
actually taught. 



262 THE FEDERAL UNION 



Section 206. There shall be a common school fund which shall consist of 
the poll-tax (to be retained in the counties where the same is collected) and an 
additional sum from the general fund in the State treasury, which together shall 
be sufficient to maintain the common schools for the term of four months in each 
scholastic year. But any county or separate school district may levy an addi- 
tional tax to maintain its schools for a longer time than the term of four months. 
The common school fund shall be distributed among the several counties and 
separate schools districts in proportion to the number of educable children in each, 
to be determined from data collected through the office of the state superin- 
tendent of education, in the manner to be prescribed by law. 

Section 207. Separate schools shall be maintained for children of the 
white and colored races. 

Section 208. No religious or other sect, or sects, shall ever control any part 
of the school or other educational funds of this State; nor shall any funds be 
appropriated towards the support of any sectarian school; or to any school that 
at the time of receiving such appropriation is not conducted as a free school. 

Section 209. It shall be the duty of the legislature to provide by law for the 
support of institutions for the education of the deaf, dumb, and blind. 

Section 210. No public officer of this State, or of any district, county, city 
or town thereof, nor any teacher or trustee of any public school, shall be inter- 
ested in the sale, proceeds or profits of any books, apparatus or furniture to be 
used, in any public school in this State. Penalties shall be provided by law for 
the violation of this section. 

Section 211. The legislature shall enact such laws as may be necessary 
to ascertain the true condition of the title to the 16th sections of land in this 
State, or land granted in lieu thereof, in the Choctaw purchase, and shall pro- 
vide that the sixteenth section lands reserved for the support of township schools, 
shall not be sold, nor shall they be leased for a longer term than ten years for a 
gross sum; but the legislature may provide for the lease of any of said lands 
for a term not exceeding twenty-five years for a ground rental payable annually, 
and, in case of uncleared lands, may lease them for such short term as may be 
deemed proper in consideration of the improvement thereof, with right there- 
after to lease for a term or to hold on payment of ground rent. 

Section 212. The rate of interest on the fund known as the Chickasaw 
school fund, and other trust funds for educational purposes, for which the State 
is responsible, shall be fixed and remain as long as said funds are held by the 
State at six per centum per annum, from and after the close of the fiscal year 
A. d. 1891, and the distribution of said interest shall be made semi-annually on 
the first of May and November of each year. 

Section 213. The State having received and appropriated the land donated 
to it, for the support of Agricultural and Mechanical Colleges, by the United 
States, and having, in furtherance of the beneficent design of Congress in grant- 
ing said land, established the Agricultural and Mechanical College of Mississippi, 
and the Alcorn Agricultural and Mechanical College,, it is the duty of the State 
to sacredly carry out the conditions of the act of Congress upon the subject, 
approved July 2d, a. d. 1862, and the legislature shall preserve intact the en- 
dowments to, and support, said colleges. 



AXD MISSISSIPPI 263 



ARTICLE IX.— Militia 

Section 214. All able-bodied male citizens of the State between the ages of 
eighteen and forty-five years shall be liable to military dutj- in the militia of this 
State, in such manner as the legislature may provide. 

Sectiox 215. The legislature shall provide for the organizing, arming, equip- 
ping and discipline of the militia, and for paying the same when called into active 
service. 

Section 216. All officers of militia, except non-commissioned officers, shall 
be appointed by the governor, by and with the consent of the senate, or elected, 
as the legislature may determine; and no commissioned officer shall be removed 
from office except by the senate on suggestion of the governor, stating the ground 
on which such removal is recommended, or by the decision of a court martial, 
pursuant to law, or at his own request. 

Section 217. The governor shall be commander-in-chief of the militia, 
except when it is called into the service of the United States, and shall have 
power to call forth the militia to execute the laws, repel invasion, and to suppress 
riots and insurrections. 

Section 218. The governor shall nominate, and, by and with the consent 
of the senate, commission one major-general for the State, who shall be a citizen 
thereof, and also one brigadier-general for each congressional district, who shall 
be a resident of the district for which he shall be appointed, and each district 
shall constitute a militia division. 

Section 219. The adjutant-general, and other staff officers to the com- 
mander-in-chief, shall be appointed by the governor, and their appointment 
shall expire with the governor's term of office, and the legislature shall provide 
by law a salary for the adjutant-general, commensurate with the duties of said 
office. 

Section 220. The militia shall be exempt from arrest during their attend- 
ance on musters, and in going to and returning from the same, except in case 
of treason, felony or breach of the peace. 

Section 221. The legislature is hereby required to make an annual appro- 
priation for the efficient support and maintenance of the Mississippi National 
Guard, which shall consist of not less than one hundred men for each senator 
and representative to which this State may be entitled in the Congress of the 
United States; but no part of such funds shall be used in the payment of said 
guard except when in actual service. 

Section 222. The legislature shall empower the board of supervisors of 
each county in the State to aid in supporting a military company or companies, 
of the Mississippi National Guard, within its borders, under such regulations, 
limitations and restrictions as may be prescribed by law. 

ARTICLE N. — The Penitentiary and Prisons 

Section 223. No penitentiary convict shall ever be leased or hired to any 
person or persons, or corporation, private or public or quasi public, or board, 
after December the 31st, a. d. 1894, save as authorized in the next section, nor 
shall am^ previous lease or hiring of convicts extend beyond that date ; and the 
legislature shall abandon the system of such leasing or hiring as much sooner 



264 THE FEDERAL UNION 



than the date mentioned as may be consistent with the economic safety of the 
State. 

Section 224. The legislature may authorize the employment under State 
supervision, and the proper officers and employees of the State, of convicts on 
public roads or other public works, or by any levee board on any public levees, 
under such provisions and restrictions as it may from time to time see proper to 
impose ; but said convicts shall not be let or hired to any contractors under said 
board, nor shall the working of convicts on public roads, or public works, or by 
any levee board ever interfere with the preparation for or the cultivation of any 
crop which it may be intended shall be cultivated by the said convicts, nor inter- 
fere with the good management of the State farm, nor put the State to any ex- 
pense. 

Section 225. The legislature may place the convicts on a State farm or 
farms, and have them worked thereon under State supervision exclusively, in 
tilling the soil or manufacturing, or both, and may buy farms for that purpose. 
It may establish a reformatory school or schools, and provide for keeping of 
juvenile offenders from association with hardened criminals. It may provide 
for the commutation of the sentence of convicts for good behavior, and for the 
constant separation of the sexes, and for the separation of the white and black 
convicts as far as practicable, and for religious worship for the convicts. 

Section 226. Convicts sentenced to the county jail shall not be hired or 
leased to any person or corporation outside the county of their conviction, after 
the first day of January, a. d. 1893, nor for a term which shall extend beyond 
that date. 

ARTICLE XL— Levees 

Section 227. A levee system shall be maintained in the State as provided 
in this article. 

Section 228. The division heretofore made by the legislature of the alluvial 
land of the State into two levee districts — viz.: The Yazoo-Mississippi Delta 
Levee District, and the Mississippi Levee District, as shown by the laws creating 
the same, and the amendments thereto, is hereby recognized, and said districts 
shall so remain until changed by law: but the legislature may hereafter add to 
either of said districts any other alluvial land in the State. 

Section 229. There shall be a board of levee commissioners for the Yazoo- 
Mississippi Delta Levee District, which shall consist of two members from each 
of the counties of Coahoma and Tunica, and one member from each of the re- 
maining counties or parts of counties, now or hereafter embraced within the 
limits of said district, and the governor may appoint a stockholder in the Louis- 
ville, New Orleans and Texas Railway Company as an additional commissioner; 
and there shall also be a board of levee commissioners for the Mississippi Levee 
District, which shall consist of two members from each of the counties of Bolivar 
and Washington, and one from each of the counties of Issaquena and Sharkey. 
In the event of the formation of a new county or counties out of the territory 
embraced in either or both of said levee districts, such new counties shall each 
be entitled to representation and membership in the proper board or boards. 

Section 230. All of said commissioners shall be qualified electors of the 
respective counties or parts of counties from which they may be chosen, except 
the one selected for the Louisville, New Orleans and Texas Railway Company; 



AND MISSISSIPPI 265 



and the legislature shall provide that they shall each give bond for the faithful 
performance of his duties and shall fix the penalty thereof; but the penalty of 
such bond in no instance shall be fixed at less than $10,000, and the sureties 
thereon shall be freeholders of the district. 

Section 231. When the terms of the present levee commissioners shall ex- 
pire, or whenever a vacancy shall occur or be about to occur, in either of said 
boards, the governor shall make appointments to fill vacancies, subject to the 
confirmation of the Senate. The terms of office of said commissioners shall 
remain as provided by law at the adoption of this constitution, but this pro- 
vision shall not require the appointment of a commissioner for the Louisville, 
New Orleans and Texas Railway Company, except in the discretion of the gov- 
ernor, as provided. 

Section 232. The commissioners of said levee districts shall have super- 
vision of the erection, repair, and maintenance of the levees in their respective 
districts. 

Section 233. The levee boards shall have and are hereby granted authority 
and full power to appropriate private property in their respective districts for the 
purpose of constructing, maintaining and repairing levees therein; and when 
any owner of land, or any other person interested therein, shall object to the lo- 
cation or building of the levee thereon, or shall claim compensation for any land 
that may be taken, or for any damages he may sustain in consequence thereof, 
the president or other proper officer or agent of such levee board, or owner of 
such land, or other person interested therein, may forthwith apply for an assess- 
ment of the damages to which said person claiming the same may be entitled; 
whereupon the proceedings as now provided by law shall be taken, viz. : in the 
Mississippi Levee District, in accordance with the terms and provisions of section 
3 of an act entitled ' 'an act to amend an act to incorporate the Board of Levee 
Commissioners for Bolivar, Washington and Issaquena counties, and for other 
purposes," approved November 27, a. d. 1865, and to revise acts amendatory 
thereof, approved March 13, a. d. 1884; and in the Yazoo-Mississippi Delta 
Levee District, in accordance with the terms and provisions of section 3 of an 
act entitled "an act to incorporate the board of levee commissioners for the 
Yazoo-Mississippi Delta, and for other purposes," approved February 28, a. d. 
1884, and the amendments thereto; but the legislature shall have full power to 
alter and amend said several acts, and to provide different manners of pro- 
cedure. 

Section 234. No bill changing the boundaries of the district or affecting 
the taxation or revenue of the Yazoo-Mississippi Delta Levee District, or the 
Mississippi Levee District, shall be considered by the legislature unless said bill 
shall have been published in some newspaper in the county in which is situated 
the domicile of the board of levee commissioners of the levee district to be affected 
thereby, for four weeks prior to the introduction thereof into the legislature ; 
and no such bill shall be considered for final passage by either the senate or 
house of representatives, unless the same shall have been referred to, and re- 
ported on, by an appropriate committee of each house in which the same may 
be pending; and no such committee shall consider or report on any such bill 
unless publication thereof shall have been made as aforesaid. 

Section 235. Each levee board shall make at the end of each fiscal year, to 
the -governor of this State, a report showing the condition of the levees, and rec- 



266 THE FEDERAL UNION 



ommending such additional legislation on the subject of the system as shall 
be thought necessary, and showing the receipts and expenditures of the board, 
so that each item, the amount and consideration therefor, shall distinctly appear, 
together with such other matters as it shall be thought proper to call to the at- 
tention of the legislature. 

Section 236. The legislature shall impose for levee purposes, in addition 
to the levee taxes heretofore levied or authorized by law, a uniform tax of not 
less than two nor more than five cents an acre, per annum, upon every acre of 
land now, or hereafter, embraced within the limits of either, or both, of said levee 
districts. The taxes so derived shall be paid into the treasury of the levee board 
of the district in which the land charged with the same is situated ; and the legis- 
lature, by the act imposing said tax, shall authorize said levee boards to fix 
the annual rate of taxation per acre within the limits aforesaid, and thereby 
require said levee boards, whenever a reduction is made by them in their other 
taxes, to make a proportionate reduction in the acreage tax hereinbefore men- 
tioned; but said acreage tax shall not be reduced below two cents an acre per 
annum ; and all reductions in such taxation shall be uniform in each of said dis- 
tricts ; but the rate of taxation need not be the same in both of them ; and such 
specific taxes shall be assessed on the same assessment roll, and collected under 
the same penalties as the ad valorem taxes for levee purposes, and shall be paid 
at the same time with the latter. And no levee board shall be permitted to 
buy lands when sold for taxes ; but the State shall have a prior lien for the taxes 
due thereto. The legislature may provide for the continuance of the tax on 
cotton, but not in such manner as to affect outstanding bonds based on it, and 
on the discontinuance of the tax on cotton shall impose another tax in lieu 
thereof; but the legislature may repeal the acreage taxes required to be levied 
hereby, after the 1st day of January, a. d. 1895. 

Section 237. The legislature shall have full power to provide such system 
of taxation for said levee districts as it shall from time to time deem wise and 
proper. 

Section 238. No property situated between the levee and the Mississippi 
river shall be taxed for levee purposes, nor shall damage be paid to any owner 
of land so situated because of it being left outside a levee. 

Section 239. The legislature shall require the levee boards to publish at 
each of their sessions an itemized account embracing their respective receipts 
since the prior session, and such appropriations as have been made or ordered 
by them respectively, in some newspaper or newspapers of the district. 

ARTICLE XII.— Franchise 

Section 240. All elections by the people shall be by ballot. 

Section 241. Every male inhabitant of this State, except idiots, insane 
persons and Indians not taxed, who is a citizen of the United States, twenty-one 
years old and upwards, who has resided in this State two years, and one year 
in the election district, or in the incorporated city or town, in which he offers 
to vote, and who is duly registered as provided in this article, and who has never 
been convicted of bribery, burglary, theft, arson, obtaining money or goods 
under false^pretenses, perjury, forgery, embezzlement or bigamy, and who has 
paid, on or before the first day of February of the year in which he shall offer to 



AND MISSISSIPPI 267 



vote, all taxes which may have been legally required of Mm, and which he has 
had opportunity of paying according to law, for the two preceding years, and 
who shall produce to the officers holding the election satisfactory evidence that 
he has paid said taxes, is declared to be a qualified elector; but any minister 
of the Gospel in charge of an organized church shall be entitled to vote after six 
months' residence in the election district, if otherwise qualified. 

Section 242. The legislature shall provide by law for the registration of 
all persons entitled to vote at any election, and all persons offering to register 

shall take the following oath or affirmation: "I , do solemnly swear 

(or affirm) that I am twenty-one years old (or I will be before the next election 

in this county), and that I will have resided in this State two years, and - — ■ 

election district of county one year next preceding the ensuing election' ' 

(or if it be stated in the oath that the person proposing to register is a minister 
of the gospel in charge of an organized church, then it will be sufficient to aver 
therein two years' residence in the State and six months in said election dis- 
trict) ; "and am now in good faith a resident of the same, and that I am not 
disqualified from voting by reason of having been convicted of any crime named 
in the constitution of this State as a disqualification to be an elector; that I 
will truly answer all questions propounded to me concerning my antecedents so 
far as they relate to my right to vote, and also as to my residence before my 
citizenship in this district ; that I will faithfully support the constitution of the 
United States and of the State of Mississippi, and will bear true faith and alle- 
giance to the same. So help me God.' ' In registering voters in cities and towns 
not wholly in one election district, the name of such city or town may be sub- 
stituted in the oath for the election district. Any willful and corrupt false 
statement in said affidavit, or in answer to any material question propounded 
as herein authorized, shall be perjury. 

Section 243. A uniform poll tax of two dollars, to be used in aid of the 
common schools and for no other purpose, is hereby imposed on every male 
inhabitant of this State between the ages of twenty-one and sixty years, except 
persons who are deaf and dumb or blind, or who are maimed by loss of hand or 
foot ; said tax to be a lien only upon taxable property. The board of supervisors 
of any county may, for the purpose of aiding the common schools in that county, 
increase the poll tax in said county, but in no case shall the entire poll tax ex- 
ceed in any one year three dollars on each poll. No criminal proceedings shall 
be allowed to enforce the collection of the poll tax. 

Section 244. On and after the first day of January, a. d. 1892, every elector 
shall, in addition to the foregoing qualifications, be able to read any section of 
the constitution of this State; or he shall be able to understand the same when 
read to him, or give a reasonable interpretation thereof. A new registration 
shall be made before the next ensuing election after January the first, A. d. 1892. 

Section 245. Electors in municipal elections shall possess all the qualifica- 
tions herein prescribed, and such additional qualifications as may be provided 
by law. 

Section 246. Prior to the first day of January, a. d. 1896, the elections by 
the people in this State shall be regulated by an ordinance of this convention. 

Section 247. The legislature shall enact laws to secure fairness in party 
primary elections, conventions or other methods of naming party candidates. 

Section 24S. Suitable remedies by appeal or otherwise shall be provided 



268 THE FEDERAL UNION 



by law, to correct illegal or improper registration and to secure the elective 
franchise to those who may be illegally or improperly denied the same. 

Section 249. No one shall be allowed to vote for members of the legislature 
or other officers who has not been duly registered under the constitution and 
laws of this State, by an officer of this State, legally authorized to register the 
voters thereof. And registration under the constitution and laws of this State 
by the. proper officers of this State is hereby declared to be an essential and 
necessary qualification to vote at any and all elections. 

Section 250. All qualified electors and no others shall be eligible to office 
except as otherwise provided in this constitution. 

Section 251. Electors shall not be registered within four months next be- 
fore any election at which they may offer to vote; but appeals may be heard 
and determined and revision take place at any time prior to the election; and 
no person who, in respect to age and residence, would become entitled to vote, 
within the said four months, shall be excluded from registration on account of 
his want of qualification at the time of registration. 

Section 252. The term of office of all elective officers under this constitu- 
tion shall be four years, except as otherwise provided herein. A general elec- 
tion for all elective officers shall be held on the Tuesday next after the first Mon- 
day of November, a. d. 1895, and every four (4) years thereafter; provided, the 
legislature may change the day and date of general elections to any day and date 
in October, November or December. 

Section 253. The legislature may by a two-thirds vote of both houses, of 
all members elected, restore the right of suffrage to any person disqualified by 
reason of crime; but the reasons therefor shall be spread upon the journals, and 
the vote shall be by yeas and nays. 

ARTICLE XIIL— Apportionment 

Section 254. The number of representatives in the lower house of the 
legislature shall be one hundred and thirty-three, to be apportioned as follows: 

First — The counties of Choctaw, Covington, Greene, Hancock, Issaquena, 
Jones, Lawrence, Leflore, Marion, Neshoba, Pearl River, Perry, Quitman, Scott, 
Sharkey, Simpson, Smith, Sunflower, Tallahatchie, Tishomingo, Tunica, Wayne 
and Webster, each shall have one representative. 

Second — The counties of Alcorn, Amite, Attala, Bolivar, Calhoun, Carroll, 
Chickasaw, Clay, Coahoma, DeSoto, Kemper, Lafayette, Madison, Newton, 
Pike, Pontotoc, Prentiss, Rankin, Tate, Union, Wilkinson and Yalobusha, each 
shall have two representatives. 

Third — The counties of Copiah, Holmes, Marshall, Monroe, Noxubee, Pa- 
nola, Warren and Washington, each shall have three representatives. 

Fourth — The counties of Franklin and Lincoln each shall have one repre- 
sentative and a floater between them. 

Fifth — The counties of Tippah and Benton each shall have one representa- 
tive and a floater between them. 

Sixth — The counties of Claiborne and Jefferson each shall have one repre- 
sentative and a floater between them. 

Seventh — The counties of Clarke and Jasper each shall have one representa- 
tive and a floater between them. 



AND MISSISSIPPI 269 



Eighth — The counties of Grenada and Montgomery each shall have one repre- 
sentative and a floater between them. 

Ninth — The counties of Leake and Winston each shall have one representa- 
tive and a floater between them. 

Tenth — The counties of Harrison and Jackson each shall have one repre- 
sentative and a floater between them. 

Eleventh — The county of Yazoo shall have three representatives, and the 
county of Hinds shall have three representatives, and they shall have a floater 
between them. 

Twelfth — The county of Lauderdale shall have three representatives, one to 
be elected by the city of Meridian, one by the county outside the city limits, and 
one by the whole county, including Meridian. 

Thirteenth— The county of Adams outside of the city of Natchez shall have 
one representative and the city of Natchez one representative. 

Fourteenth — The county of Lowndes shall have three representatives, two 
of whom shall be elected by that part of the county east of the Tombigbee River 
and one by that portion of the county west of said river. 

Fifteenth — The county of Oktibbeha shall have two representatives, one of 
whom shall be elected by that portion of the county east of the line running 
north and south between ranges thirteen and fourteen, and the other by that 
portion of the county west of said line. 

Sixteenth — The county of Lee shall have two representatives, the county 
of Itawamba one, and a floater between them. 

Seventeenth — In counties divided into legislative districts, any citizen of 
the county eligible for election to the house of representatives shall be eligible 
to represent any district thereof. 

The Senate 

Section 255. The number of senators shall be forty-five and are apportioned 
as follows: 

First— The counties of Hancock, Harrison and Jackson shall constitute the 
first district, and elect one senator. 

Second — The counties of Wayne, Jones, Perry and Greene the second dis- 
trict, and elect one senator. 

Third — The counties of Jasper and Clarke the third district, and elect one 
senator. 

Fourth — The counties of Simpson, Covington, Marion and Pearl River the 
fourth district, and elect one senator. 

Fifth — The counties of Rankin and Smith the fifth district, and elect one 
senator. 

Sixth — The counties of Pike and Franklin the sixth district, and elect one 
senator. 

Seventh — -The counties of Amite and Wilkinson the seventh district, and 
elect one senator. 

Eighth — The counties of Lincoln and Lawrence the eighth district, and elect 
one senator. 

Ninth — The county of Adams the ninth district, and elect one senator. 



270 THE FEDERAL UNION 



Tenth — The counties of Claiborne and Jefferson the tenth district, and elect 
one senator. 

Eleventh — The county of Copiah the eleventh district, and elect one senator. 

Twelfth — The counties of Hinds and Warren the twelfth district, and elect 
one senator each and a senator between them, to be chosen from the counties 
elternately, beginning with Hinds. 

Thirteenth — The counties of Scott and Newton the thirteenth district, and 
elect one senator. 

Fourteenth — The county of Lauderdale the fourteenth district, and elect 
one senator. 

Fifteenth — The counties of Kemper and Winston the fifteenth district, and 
elect one senator. 

Sixteenth — The county of Noxubee the sixteenth district, and elect one 
senator. 

Seventeenth — The counties of Leake and Neshoba the seventeenth district, 
and elect one senator. 

Eighteenth — The county of Madison the eighteenth district, and elect one 
senator. 

Nineteenth — The county of Yazoo the nineteenth district, and elect one 
senator. 

Twentieth — The counties of Sharkey and Issaquena the twentieth district, 
and elect one senator. 

Twenty-first — The county of Holmes the twenty-first district, and elect one 
senator. 

Twenty-second — The county of Attala the twenty-second district, and elect 
one senator. 

Twenty-third — The counties of Oktibbeha and Choctaw the twenty-third 
district, and elect one senator. 

Twenty-fourth — The counties of Clay and Webster the twenty-fourth dis- 
trict, and elect one senator. 

Twenty-fifth — The county of* Lowndes the twenty-fifth district, and elect 
one senator. 

Twenty-sixth — The counties of Carroll and Montgomery the twenty-sixth 
district, and elect one senator. 

Twenty-seventh — The counties of Leflore and Tallahatchie the twenty- 
seventh district, and elect one senator. 

Twenty-eighth — The counties of Yalobusha and Grenada the twenty-eighth 
district, and elect one Senator. 

Twenty-ninth — The counties of Washington and Sunflower the twenty- 
ninth district; the county of Washington shall elect one Senator, and the coun- 
ties of Washington and Sunflower a senator between them. 

Thirtieth — The county of Bolivar the thirtieth district, and elect one senator. 

Thirty-first — The counties of Chickasaw, Calhoun and Pontotoc the thirty- 
first district, and elect two senators; both senators shall at no time be chosen 
from the same county. 

Thirty-second — The county of Lafayette the thirty-second district, and 
elect one senator. 

Thirty-third — The county of Panola the thirty-third district, and elect one 
senator. 



AND MISSISSIPPI 271 



Thirty-fourth — The counties of Coahoma, Tunica and Quitman the thirty- 
fourth district, and elect one senator. 

Thirty-fifth — The county of DeSoto the thirty-fifth district, and elect one 
senator. 

Thirtj^-sixth — The counties of Union, Tippah, Benton, Marshall and Tate 
the thirty-sixth district, and elect three senators; the counties of Tate, Marshall 
and Benton shall be entitled to one, not to be from the same county, and the 
counties of Union and Tippah one. 

Thirty-seventh — The counties of Tishomingo, Alcorn and Prentiss the 
thirty-seventh district, and elect one senator. 

Thirty-eighth — The coimties of Monroe, Lee and Itawamba the thirty- 
eighth district, and elect two senators, one of whom shall be a resident of the 
county of Monroe and the other a resident of Lee or Itawamba counties. 

Section 256. The legislature may at the first session after the State census 
of 1895, and decennially thereafter, make a new apportionment of senators and 
representatives. At each apportionment, each county then organized shall 
have at least one representative. New counties afterwards created shall be 
represented as may be provided by law, until the next succeeding apportion- 
ment. The counties of Tishomingo, Alcorn, Prentiss, Lee, Itawamba, Tippah, 
Union, Benton, Marshall, Lafayette, Pontotoc, Monroe, Chickasaw, Calhoun, 
Yalobusha, Grenada, Carroll, Montgomery, Choctaw, Webster, Clay, Lowndes 
and Oktibbeha, or the territory now composing them, shall together never have 
less than forty-four representatives. The counties of Attala, Winston, Noxubee, 
Kemper, Leake, Neshoba, Lauderdale, Newton, Scott, Rankin, Clarke, Jasper, 
Smith, Simpson. Copiah, Franklin, Lincoln, Lawrence, Covington, Jones, Wayne, 
Greene, Perry, Marion, Pike, Pearl River, Hancock, Harrison and Jackson, or 
the territory now composing them, shall together never have less than forty- 
four representatives nor shall the remaining counties of the. State, or the terri- 
tory now composing them, ever have less than forty-four representatives. A 
reduction in the number of senators and representatives may be made by the 
legislature if the same be uniform in each of the three said divisions but the 
number of representatives shall not be less than one hundred, nor more than one 
hundred and thirty-three, nor the number of senators less than thirty, nor 
more than forty-five. 

ARTICLE XIV.— General Provisions 

Section 257. The political year of the State of Mississippi shall commence 
on the first Monday of January in each year. 

Section 258. The credit of the State shall not be pledged or loaned in aid of 
any person, association or corporation ; and the State shall not become a stock- 
holder in any corporation or association, nor assume, redeem, secure or pay any 
indebtedness or pretended indebtedness alleged to be due by the State of Missis- 
sippi, to any person, association or corporation whatsoever, claiming the same 
as owners, holders, or assignees of any bond or bonds, now generally known as 
"Union Bank" bonds and "Planters' Bank" bonds. 

Section 259. No county seat shall be removed unless such removal be 
authorized by two-thirds of the electors of the county voting therefor; but 
when the proposed removal shall be towards the center of the county, it may be 



272 THE FEDERAL UNION 



made when a majority of the electors participating in the election shall vote 
therefor. 

Section 260. No new county shall be formed unless a majority of the quali- 
fied electors voting in each part of the county or counties proposed to be dis- 
membered and embraced in the new county shall separate^ vote therefor; nor 
shall the boundary of any judicial district in a county be changed unless at an 
election held for that purpose, two-thirds of those voting assent thereto. The 
elections provided for in trns and the section next preceding shall not be held in 
any county oftener than one in four years. No new county shall contain less 
than four hundred square miles, nor shall any existing county be reduced below 
that size. 

Section 261. The expenses of criminal prosecutions, except those before 
justices of the peace, shall be borne by the county in which such prosecutions 
shall be begun; and all net fines and forfeitures shall be paid into the treasury 
of such county. Defendants in cases of conviction may be taxed with the costs. 

Section 262. The board of supervisors shall have power to provide homes or 
farms as asylums for those persons, who, by reason of age, infirmity, or mis- 
fortune, may have claims upon the sympathy and aid of society; and the legis- 
lature shall enact suitable laws to prevent abuses by those having the care of 
such persons. 

Section 263. The marriage of a white person with a negro or mulatto, or 
person who shall have one-eighth or more of negro blood, shall be unlawful and 
void. 

Section 264. No person shall be a grand or petit juror unless a qualified 
elector and able to read and write; but the want of ?axy such qualification in 
any juror shall not vitiate any indictment or verdict. The legislature shall 
provide by law for procuring a list of persons so qualified, and the drawing 
therefrom of grand and petit jurors for each term of the circuit court. 

Section 265. No person who denies the existence of a Supreme Being shall 
hold any office in this State. 

Section 266. No person holding or exercising the rights or powers of any 
office of honor or profit either in his own right, or as a deputy, or while other- 
wise acting for or in the name, or by the authority of another, under any foreign 
government or under the government of the United States, shall hold or exercise 
in any way the rights and powers of any office of honor or profit under the laws 
or authority of this State except notaries, commissioners of deeds, and United 
States commissioners. 

Section 267. No person elected or appointed to any office or employment 
of profit under the laws of this State, or by virtue of any ordinance of any munici- 
pality of this State, shall hold such office or employment without personally 
devoting his time to the performance of the duties thereof. 

Section 268. All officers elected or appointed to any office in this State, 
except judges and members of the legislature, shall, before entering upon the 
discharge of the duties thereof, take and subscribe the following oath: 

"I t , do solemnly swear (or affirm) that I will faithfully 

support the constitution of the United States, and the constitution of the State 
of Mississippi, and obey the laws thereof; that I am not disqualified from hold- 
ing the office of ; that I will faithfully discharge the duties of the 

office upon which I am about to enter. So help me God. " 



AND MISSISSIPPI 273 



Section 269. Every devise or bequest of lands, tenements or hereditaments, 
or any interest therein, of freehold, or less than freehold, either present or future, 
vested or contingent, or of any money directed to be raised by the sale thereof, 
contained in any last will and testament, or codicil, or other testamentary 
writing, in favor of any religious or ecclesiastical corporation, sole or aggregate, 
or any religious or ecclesiastical society, or to any religious denomination, or 
association of persons, or to any person or body politic, in trust, either express 
or implied, secret or resulting, either for the use and benefit of such religious 
corporation, society, denomination or association, or for the purpose of being 
given or appropriated to charitable uses or purposes, shall be null and void, and 
the heir-at-law shall take the same property so devised or bequeathed, as though 
no testamentary disposition had been made. 

Section 270. Every legacy, gift or bequest of money or personal property, 
or of any interest, benefit or use therein, either direct, implied or otherwise, 
contained in any last will and testament or codicil in favor of any religious or 
ecclesiastical corporation, sole or aggregate, or any religious or ecclesiastical 
society, or to any religious denomination or association, either for its own use 
or benefit, or for the purpose of being given or appropriated to charitable uses, 
shall be null and void, and the distributees shall take the same as though no 
such testamentary disposition had been made. 

Section 271. The legislature may provide for the consolidation of existing 
counties, if a majority of the qualified electors of such counties voting at an 
election held for that purpose shall vote therefor. 

Section 272. The legislature shall provide by law, pensions for indigent 
soldiers and sailors who enlisted and honorably served in the Confederate army 
or navy in the late civil war, who are now resident in this State, and are not 
able to earn a support by their own labor. Pensions shall also be allowed to 
the indigent widows of such soldiers or sailors now dead, when from age or 
disease they cannot earn a support. Pensions shall also be allowed to the wives 
of such soldiers or sailors upon the death of the husband, if disabled and indigent 
as aforesaid. Pensions granted to widows shall cease upon their subsequent 
marriage. 

ARTICLE XV. — Amendments to the Constitution 

Section 273. Whenever two-thirds of each house of the legislature shall 
deem any change, alteration, or amendment necessary to this constitution, such 
proposed change, alteration or amendment shall be read and passed by a two- 
thirds vote of each house respectively, on each day, for three several days; 
public notice shall then be given by the secretary of state, at least three months 
preceding an election, at which the qualified electors shall vote directly for or 
against such change, alteration or amendment; and if more than one amend- 
ment shall be submitted at one time, they shall be submitted in such manner 
and form that the people may vote for or against each amendment separately; 
and if it shall appear that a majority of the qualified electors voting shall have 
voted for the proposed change, alteration or amendment, then it shall be in- 
serted by the next succeeding legislature as a part of this constitution, and not 
otherwise. 



274 THE FEDERAL UNION 



SCHEDULE 

That no inconvenience may arise from the changes in the Constitution of this 
State, and in order to carry the new Constitution into complete operation, 
it is hereby declared that — 

Section 274. The lav/s of this State now in force, not repugnant to this 
constitution, shall remain in force until amended or repealed by the legislature 
or until they expire by limitation. All statute laws of this State repugnant to 
the provisions of this constitution, except as provided in the next section (three), 
shall continue and remain in force until the first day of April, a. d. 1892, unless 
sooner repealed by the legislature. 

Section 275. All laws of this State which are repugnant to the following 
portions of this constitution shall be repealed by the adoption of this constitu- 
tion, to wit: laws repugnant to: 

(a) All the ordinances of this convention. 

(b) The provisions of section 183, prohibiting counties, cities and towns 
from voting subscriptions to railroad and other corporations or associations. 

(c) The provisions of sections 223 to 226 inclusive of Article X., prohibiting 
the leasing of penitentiary convicts. 

Section 276. All laws of the State which are repugnant to the provisions of 
sections 240 to 253 inclusive, of Article XII., on the subject of franchise and 
elections, shall be and remain in force until the first day of January, a. d. 1891, 
and no longer. 

Section 277. All laws of this State which are repugnant to the provisions of 
Article XIII., sections 254 to 256 inclusive, on the subject of the apportionment 
of representatives and senators in the legislature, shall be and remain in force 
until the first day of October, a. d. 1891, but no longer. 

Section 278. The governor shall, as soon as practicable, appoint three 
suitable persons, learned in the law, as commissioners, whose duty it shall be to 
prepare and draft such general laws as are contemplated in this constitution 
and such other laws as shall be necessary and proper to put into operation the 
provisions thereof, and as may be appropriate to conform the general statutes 
of the State to the constitution. Said commissioners shall present the same 
when prepared to the legislature at its next regular session. And the legislature 
shall provide reasonable compensation therefor. 

Section 279. All writs, actions, causes of action, proceedings, prosecutions 
and rights of individuals and bodies corporate and of the State, and charters of 
incorporation, shall continue ; and all indictments which shall have been found, 
or which shall hereafter be found, and all prosecutions begun, or that may be 
begun, for any crime or offense committed before the adoption of this constitu- 
tion, may be proceeded with and upon as if no change had taken place. 

Section 280. For the trial and determination of all suits, civil and criminal, 
begun before the adoption of this constitution, the several courts of this State 
shall continue to exercise in said suits the powers and jurisdictions heretofore 
exercised by them ; for all other matters said courts are continued as organized 
courts under this constitution, with such powers and jurisdiction as is herein 
conferred on them respectively. 

Section 281. All fines, penalties, forfeitures and escheats accruing to the 



AND MISSISSIPPI 275 



State of Mississippi under the constitution and laws heretofore in force shall 
accrue to the use of the State of Mississippi under this constitution, except 
as herein otherwise provided. 

Section 282. All recognizances, bonds, obligations, and all other instru- 
ments entered into, or executed, before the adoption of this constitution, to the 
State of Mississippi, or to any State, county, public or municipal officer or body, 
shall remain binding and valid, and the rights and liabilities upon the same shall 
be continued, and may be prosecuted as provided by law. 

Section 283. All crimes and misdemeanors and penal actions shall be tried, 
prosecuted and punished as though no change had taken place, until otherwise 
provided by law. 

Section 284. All officers, State, district, county, and municipal, now in 
office in this State shall be entitled to hold the respective offices now held by 
them, except as herein otherwise provided, and until the expiration of the time 
for which they were respectively elected or appointed; and shall receive the 
compensation and fees now fixed by the statute laws in force when this con- 
stitution is adopted. 

Section 285. The adoption of this constitution shall not have the effect, nor 
shall it be construed, to revive or put in force any law heretofore abrogated or 
repealed. 

This Constitution, adopted by the people of Mississippi in convention assembled, 
shall be in force and effect from and after this, the first day of November, A. D. 1S90. 

ORDINANCES.— Election Ordinance 

Section 1. All ballots in all elections held in this State shall be printed and 
distributed at public expense, as hereinafter provided, and shall be known as 
"official ballots." The expense of printing all such ballots shall be paid out of 
the respective county treasuries, except that in municipal elections such ex- 
penses shall be paid by the respective cities or towns. 

Section 2. The ballots printed for use under this ordinance shall contain the 
names of all the candidates who have been put in nomination not less than 
fifteen days previous to the day of election, by any convention, or other nomi- 
nating body, or at a primary election of any political party in this State. It shall 
be the duty of one of the commissioners of election, designated for that purpose 
in his commission by the authority appointing said commissioner, to have 
printed all necessary ballots for use in said elections, except ballots in municipal 
elections, which shall be printed as herein provided by the authorities of the 
respective municipalities; and said officer shall cause to be printed by a printer, 
sworn to keep secret said ballots under penalties to be prescribed by law, the 
names of all candidates so nominated, upon the written request of any one or 
more of the candidates so nominated, or of any qualified elector who will affirm 
that he was a member of such convention or other nominating body, or partici- 
pant in such primary election, and that the name presented by him was the 
nominee of said convention or nominating body, or primary election. Said 
commissioner shall also cause to be printed on said ballots the name of any 
qualified elector who has been requested to be a candidate for any office by a 
written petition signed by at least fifteen qualified electors, for any beat office 
or municipal office in any town of less than two hundred inhabitants, or fifty 



276 THE FEDERAL UNION 



qualified electors for any other office, and when said petition or request has been 
presented to said commissioner not less than fifteen days before the election; 
but if any qualified elector has been nominated as aforesaid, or has been re- 
quested to be a candidate as above specified less than fifteen days before any 
election, then the names of such candidates shall not be printed upon said ballots. 
There shall be on said ballots one blank space under the title of each office to be 
voted for, and in the event of the death of any candidate whose name shall have 
been printed on the official ballot, the name of the candidate duly substituted in 
place of such deceased candidate may be written in such blank space by the 
voter. 

Section 3. After the proper officer has been notified of the nomination, as 
hereinbefore specified, of any candidate for office, said officer shall not omit the 
name from the ballot unless upon the written request of the candidate so nomi- 
nated, made at least ten days before the election. 

Section 4. Every ballot printed by virtue of this ordinance shall contain 
the names of all candidates nominated as hereinbefore specified and not duly 
withdrawn. The arrangement of the names of all of the candidates and the 
order in which the titles of the various officers to be voted for shall be made, and 
the size, print and quality of the official ballot is left to the sound judgment of 
the officer charged with printing said ballots; but the arrangement need not be 
uniform. It shall be the duty of the secretary of state, with the approval of the 
governor, to furnish the commissioners of the several counties a sample of an 
official ballot, the general form of which shall be followed as nearly as practi- 
cable. Whenever the question of a constitutional amendment or other question 
or matter, admitting of an affirmative or negative vote, is submitted to a vote of 
the electors, such amendment, question or matter shall be printed on said official 
ballot, together with the names of the candidates, if any, and also the words yea 
and nay, to be arranged by the proper officer so that the voter can intelligently 
vote his preference by making a cross mark (x) opposite the word indicating his 
preference; immediately following the title of each office shall be printed the 
words "Vote for one," or "Vote for two," or more according to the number to be 
elected. On the back and outside of the ballot shall be printed "official ballot," 
the name of the voting precinct or place for which said ballot is prepared, and 
the date of the election. 

Section 5. All official ballots intended for use at any voting precinct or place 
of voting shall be fastened together in convenient numbers and in some secure 
manner, but in such way that such ballots may be detached for use. A record 
of the number of official ballots printed and furnished to each voting precinct or 
precinct or place of voting shall be kept, and all such ballots accounted for by 
the officer or officers in each county charged with the printing of ballots. 

Section 6. The officers charged with distributing or printing and distribut- 
ing the official ballots shall ascertain from the circuit clerk or other proper 
officer, at least ten days before the day of election, the number of registered 
voters in each election district, and shall also prepare full instructions for the 
guidance of electors at elections as to obtaining ballots, as to the manner of 
marking them, and as to obtaining new ballots in place of those accidentally 
spoiled, and such instructions shall be printed in large, clear type, on "cards of 
instruction," and said commissioners shall furnish the same in sufficient numbers 
for the use of electors, and said cards shall be preserved by all officers of elections 



AND MISSISSIPPI 277 



as far as practicable, and returned by them to the commissioners of election, 
and may be used, if applicable, in subsequent elections. 

Section 7. The said commissioner of election shall appoint one or more 
deputy commissioners, from the respective election districts, and deliver to 
them the proper number of ballots and cards of instruction, not less than one 
day before the election, and the deputy commissioners so selected to receive said 
ballots shall be conservators of the peace, and shall take an oath, to be adminis- 
tered by said commissioner, faithfully to perform their duties, and not to at- 
tempt to guide, direct, or influence any voter in the exercise of his right to vote. 

Section 8. In case the official ballot prepared shall be lost or destroyed, or 
in case of the death of any candidate whose name has been printed on the official 
ballot, the said commissioner, or his deputy, shall have like ballots furnished in 
place of those lost or destroyed, if time remains therefor. If from any cause 
there should be no official ballot at a precinct and no sufficient time in which to 
have them printed, such ballots may be written; but, if written by any one 
except the voter alone, for himself, the names of all candidates shall be written 
thereon without any special mark or device by which one name may be distin- 
guished from another, and such tickets shall be marked by the voter as pro- 
vided for printed ballots. Within three days after election day the inspectors 
shall report in writing to the commissioners of .election, under oath, the loss of 
the official ballots, the number lost, and all facts connected therewith, which 
report the commissioners may deliver to the grand jury if deemed advisable. 

Section 9. The deputy commissioners receiving the ballots from said com- 
missioner shall distribute the same to the electors of the proper districts in the 
manner herein provided; and in case the said deputy commissioner shall fail to 
have said ballots at the election precincts at the proper time, or, if there, he shall 
fail to distribute the same, the inspectors of election, or those of them present at 
the election, shall provide said ballots and select some suitable 'person to distrib- 
ute the same according to law, who shall take the oath required to be taken by 
the person to whom the said commissioner delivered said ballots, to be adminis- 
tered by any one of said inspectors. 

Section 10. The sheriffs of the several counties in this State shall procure 
for their respective counties a sufficient number of voting compartments, shelves, 
and tables for the use of electors, which shall be so arranged that it shall be im- 
possible for one voter at one table, shelf, or compartment to see another voter 
who is preparing his ballot. The number of such voting shelves, tables, or com- 
partments shall not be less than one for every one hundred electors at each voting 
precinct. Each shelf, table, and compartment shall be kept furnished with a 
card of instruction posted in each compartment, and proper supplies and con- 
veniences for marking the ballots by electors. 

Section 11. The deputy commissioners having the official ballots shall re- 
main at a place convenient to the tables, shelves, and compartments, for the 
distribution of ballots. "When requested by each of the voters, the deputy com- 
missioners aforesaid shall hand him an official ballot. 

Section 12. On receiving his ballot the voter shall forthwith go into one of 
the voting compartments, and shall prepare his ballot by marking with ink, in 
the appropriate margin or place, a cross (x) opposite the name of the candidate of 
his choice, for each office to be filled, or by filling in the name of the candidate 
substituted in the blank space as provided therefor, and marking a cross (x) 



278 THE FEDERAL UNION 



opposite thereto, and likewise a cross (x) opposite the answer he desires to give 
in case of an election on a constitutional amendment or other question or matter. 
Before leaving the voting shelf, table, or compartment, the voter shall fold his 
ballot without displaying the marks thereon, but so that the words "official 
ballot," followed by the designation of the election precinct for which the ballot 
is prepared and the date of the election, shall be visible to the officers of the 
election. He shall then cast his ballot in the manner provided by law, which 
shall be done without undue delay, and the voter shall then quit the said inclosed 
place as soon as he has voted. No voter shall be allowed to occupy a voting 
shelf, table, or compartment already occupied by another voter, nor longer than 
ten minutes if other voters are not waiting, nor longer than five minutes in case 
other voters are waiting. No person shall be allowed in the room in which said 
ballot boxes or compartments, tables, and shelves are, except the officers of 
election and the person distributing the ballots, and those appointed by the 
officers holding the election, to aid them therein. 

Section 13. No person shall take or remove any ballot from a polling place 
before the close of the polls. If any voter spoils a ballot he may obtain others, 
one at a time, not exceeding three in all, upon returning each spoiled one. 

Section 14. Any voter who declares to the person or persons having the 
official ballots, that by reason of blindness or other physical disability he is 
unable to mark his ballot, shall upon request secure the assistance of said person 
or one of the election inspectors in the marking thereof; and such person or 
officer shall certify on the outside of said ballot that it was marked with his 
assistance, and shall not otherwise give information in regard to the same. 

Section 15. If the voter marks more names than there are persons to be 
elected to an office, or if for any reason it is impossible to determine from the ' 
ballot the voter's choice for any office voted for, his ballot so cast shall not be 
counted. No ballot not provided in accordance with this ordinance shall be 
deposited or counted. 

Section 16. Any voter who shall, except as herein provided, allow his 
ballot to be seen by any person or who shall make a false statement as to his 
inability to mark his ballot, or who shall place any mark upon his ballot by 
which it may be afterwards identified as the one voted by him, or any person 
who shall interfere or attempt to interfere with am^ voter when inside said in- 
closed space or when marking his ballot, or who shall endeavor to induce any 
voter before voting to show how he marks or has marked his ballot, shall be 
punished by a fine of not less than twenty-five nor more than one hundred 
dollars, and the election officers shall cause any person so doing to be arrested 
and carried before the proper officer or tribunal for commitment and trial for 
such offence. 

Section 17. Any commissioner of election, or any other officer or person 
acting as such or performing election duty, who shall wilfully or knowingly 
refuse or fail to perform the duties herein required of him, or who shall violate any 
provision of this ordinance, shall be guilty of a misdemeanor and be subject to 
a fine of not less than twenty-five nor more than one hundred dollars, or to im- 
prisonment in the county jail not less than ten nor more than ninety days, or 
both, at the discretion of the court. 

Section 18. The legislature shall have power to enact laws on the subjects 
of this ordinance, necessary for its efficiency, and not inconsistent with its true 



AND MISSISSIPPI 279 



intent and meaning. After January 1, 1896, this ordinance may be repealed or 
amended by the legislature, but shall not be amended so as to conflict with any 
provisions of this constitution. All laws and parts of laws in conflict with any 
of the provisions of this ordinance are hereby annulled, and this ordinance shall 
take effect and be in force from and after the first day of January, a. d. 1891. 

Section 19. The boards of supervisors of the several counties, and the 
municipal authorities of the cities and towns of the State, are authorized to allow 
reasonable compensation to officers for services under this ordinance. 

Land Commissioner Ordinance 

Section 20. The legislature at its next regular session shall provide for the 
election of a land commissioner, at the general election to be held in 1895, whose 
term of office shall be four years, and whose only compensation shall be a salary 
to be fixed by law. He shall have charge of the swamp and overflowed lands, 
the internal improvement lands, the records of the office of surveyor-general 
turned over by the United States to this State, the Chickasaw school lands, the 
sixteenth section and indemnity lands for the sixteenth section outside of the 
Chickasaw cession, the lands forfeited for non-payment of taxes after the time 
allowed for redemption shall have expired, and of all other public lands and land 
records in this State not otherwise provided for. The legislature shall enact 
such other laws as shall be necessary to fully carry this ordinance into effect, and 
shall have power to abolish said office when the interests of the State demand it, 
or may add to any of the duties assigned to such officer. 

Bond Ordinance 

Section 21. That the State treasurer be authorized, with the consent and 
approval of the governor, if it shall be deemed necessary, to negotiate a loan of 
not exceeding fifty thousand dollars, for a period of not more than four months, 
on such reasonable terms as the governor shall approve, for the purpose of de- 
fraying the expenses of the convention and for replacing moneys used for that 
purpose. 

Section 22. That the faith of the State be pledged for the repayment of 
such loan; and the treasurer is hereby authorized to hypothecate the forty-six 
thousand dollars of unsold bonds issued in pursuance of the act approved March 
15, 1884, and to sell the same for the purpose of raising the money to pay such 
loan, if he and the governor shall deem the same necessary or proper. 

Levee Ordinances 

Section 23. For the purpose of raising the money necessary to repair, ele- 
vate, strengthen, and complete the levees along the Mississippi River within the 
Mississippi levee district, composed of the counties of Bolivar, Washington, 
Issaquena, and Sharkey, and a part of Warren county, the board of Mississippi 
levee commissioners are hereby authorized to issue lithographed or engraved 
bonds to the amount of five hundred thousand dollars, in such form, bearing 
such rate of interest, and payable at such time, as it may determine, with coupons 
for interest, attached, and to dispose of the same from time to time as may be 



280 THE FEDERAL UNION 



necessary; but such bonds shall not run for a longer time than fifty years, nor 
bear a rate of interest exceeding six per centum per annum, payable semi- 
annually in the city of New York. The signatures to the said coupons may be 
lithographed, but all such bonds so issued shall be signed by the president of 
said board, countersigned by its treasurer with the corporate seal of the board 
attached, numbered consecutively, and registered in a book to be kept for that 
purpose. 

Section 24. The corporate organization of the board of Mississippi levee 
commissioners, and the tax herein directed to be levied, together with the taxes 
heretofore levied or authorized by the legislature for levee purposes, shall be 
continued to the extent and according to the terms of the several laws levying or 
authorizing said taxes until all the bonds issued by virtue of and under the 
authorit^r contained in the preceding section of this ordinance are paid off and 
discharged ; and said taxes are pledged for the payment thereof and of the cou- 
pons of interest thereto attached, subject, however, to the provisions of this 
constitution. 

Swamp Land Ordinance 

Section 25. Whereas, Doubts have arisen as to the title of original pur- 
chasers of certain swamp and overflowed lands by reason of the entry of said 
lands with the land scrip of counties other than the county in which said lands 
were situated; and 

Whereas, By act of the legislature of the State of Mississippi approved 
February 17, 1890, "all persons now holding swamp lands under such invalid 
purchase shall have the right to purchase the same for a period of two years at 
the uniform price of 12^ cents per acre" upon the terms required by said act; 
therefore 

Be it ordained that the State of Mississippi hereby waives the payment of 
said sum named in said act, and disclaims any interest or title in and to the said 
lands on account of erroneous locations thereof. 

Penitentiary Ordinance 

Section 26. With the view of enabling the legislature at its next session to 
have before it the necessary information upon which to act, if it should deter- 
mine to establish a penitentiary farm, it is made the duty of the governor to 
appoint five commissioners, who shall, prior to the next session of the legislature, 
carefully inspect such bodies of land as may be thought suitable for such loca- 
tion; and who shall make report to the governor as to the several advantages of 
the bodies of land inspected by them and as to the propriety of establishing such 
farm or some other system and as to the advantages of each, cost, and other 
proper matters, to be laid by the governor before the legislature with such 
recommendation as he may see proper to make. 

An Ordinance Extending Terms of State Officers 

Section 27. The terms of the following State officers, to wit; governor, 
lieutenant-governor, attorney-general, treasurer, auditor, secreta^ of state, 
superintendent of education, and clerk of the supreme court, are hereby ex- 



AND MISSISSIPPI 281 



tended until the first Monday in January, 1896; and vacancies in the offices, 
the terms of which are hereby extended, shall be filled by appointment by the 
governor except as otherwise provided in this constitution. 

Section 28. The persons whose terms of office are hereby extended shall be 
ineligible to immediately succeed themselves. And all bonded officers whose 
terms are hereby extended shall execute new official bonds on or before the date 
at which, but for this extension, their present terms of office would have expired; 
and in case of any failure to execute such bond the office shall thereby become 
vacant. 

Section 29. A general election shall be held under this constitution on the 
first Tuesday after the first Monday in November, 1891, for three railroad com- 
missioners and for members of the legislature, district attorneys, and county 
and county district officers, whose terms shall expire on the first Monday in 
January, a. d. 1896. 

Section 30. There shall be a registration of the electors qualified under such 
provisions of this constitution which are operative prior to the election in 1891, 
and such registration shall be made by the proper officers, and in the manner 
now prescribed by law when the same is not inconsistent with the provisions of 
the constitution operative as aforesaid, and when repugnant, then according to 
the provisions thereof. The board of supervisors of the several counties shall 
provide proper registration books with the oath required by section 242 of this 
constitution. 

Exemption Ordinance 

Section 31. All permanent factories hereafter established in this State 
while this section is in force, for working cotton, wool, silk, furs, or metals, and 
all others manufacturing implements or articles of use in a finished state, shall be 
exempt from taxation for a period of ten years. An}- factory which has been 
abandoned for not less than three years, and commencing operations within two 
years from the date of the adoption of this constitution, shall be entitled to such 
exemption. This section may be repealed or amended by the legislature after 
five years, and if not so repealed, shall remain in force until January 1, 1900, 
and no longer. 



Ordained in convention assembled, November 1, A. D. 1890. 



INDEX 



{Figures refer to pages.) 



Adjutant-General, 193. 

Admission of States, 73, 74. 

Agriculture: state department of, 
128; U. S. department of, 60. 

Albany Plan, 15. 

Amendments: to U. S. Constitution, 
83-86; to state constitution, 102. 

Annapolis Convention, 20. 

Appropriations, 41, 163. 

Articles of Confederation, 18; de- 
fects in, 22. 

Assessor, 180. 

Attainder, 43. 

Attorney-General : qualifications, 
etc., 126; powers and duties, 126. 

Auditor: qualifications, etc., 124; 
powers and duties, 126. 

Australian Ballot, 157. 

Ballot, 155. 

Beat, 178. 

Bill: passage of a, 111-114. 

Bill of Rights, 199 T 203. _ 

Boundaries of Mississippi, 195. 

Cabinet, 57. 

Candidates, 154. 

Census, 62. 

Chancery Court: judges, 136; ses- 
sions, 136; clerk, 136; jurisdiction 
and appeals, 136; number, 136. 

Charter Government, 13. 

Charter of Corporation, 169. 

Chickasaw Fund, 146. 

Choctaw Fund, 146. 

Circuit Court: judges, 133; sessions 
134; officers, 134; juries, 134 
jurisdiction and appeals, 135 
number, 135. 



Circuit Court of Appeals, 69. 

Citizen, 86, 157. 

City Officers, 187-189. 

Clerk of House of Representatives, 
38. 

Clerk of the Supreme Court, 128. 

Commissioner of: Indian Affairs, 60; 
patents, 60; pensions, 60; com- 
merce and labor, 61; agriculture 
and commerce, 128; insurance, 
128; railroads, 128; schools, 144. 

Committees of Correspondence, 16. 

Comptroller of the Currency, 57. 

Congress: Stamp Act, 15; first Con- 
tinental, 16; second Continental, 
16; federal, representation in, 26; 
function of, 135; organization of, 
35; members of, 36; apportion- 
ment, 37; officers of the house, 38; 
officers of the senate, 39; powers 
and restrictions, 39-45. 

Congressional Districts, 37. 

Constable, 137, 183. 

Constitution: writing and ratifying 
U. S., 22, 27; purposes of, 23; some 
of the makers, 23-24; obstacles in 
way of, 24; amendments to, 83; 
of Mississippi, 99-102. 

Consuls, 57, 

Convention: Annapolis, 20; Consti- 
tutional, of 1787, 21; Black and 
Tan, 101. 

Convicts, 194. 

Copyrights, 91. 

Corporations: regulation of, 169; 
taxation of, 170. 

Counterfeiting, 41. 

County Assessor, 180. 

County Board of Examiners, 143. 



284 



INDEX 



County Government, 177. 

County Officers, 179-183. 

County School Board, 143. 

County Superintendent, 142-143. 

County Surveyor, 183. 

Courts (state): supreme, 131; cir- 
cuit, 133; chancery, 136; justice 
of the peace, 137; supervisors, 
138. 

Courts (U. S.) : supreme, 66, 67; dis- 
trict, 67; circuit, 68; circuit court 
of appeals, 69; other federal, 69, 
70. 

Declaration of Independence, 17. 
Diplomatic Service, 57. 
District Attorney, 134. 
District Officers, 182, 183. 
District Trustees, 144. 
Donations, 164. 

Elections, 154-158. 

Electoral Vote: state, 117, 118; U. 
S., 52. 

Electors: presidential, 52; state, 157. 

Eleemosynary Institutions, 195. 

Eminent Domain, 171. 

Enabling Act, 74. 

Examinations, 142-144. 

Executive Department (state) : 
function, 117; powers, 120; du- 
ties, 121; checks, 122. 

Executive Department (U. S.) : 
function, 51; officers, 51; powers 
and duties, 55; departments, 57- 
62. 

Ex Post Facto Law, 44, 203. 

Federal Government: scope and 
function, 76; checks and balances 
among departments, 86-89. 

Fiscal Year, 166. 

Franchise: definition, 151; qualifica- 
tions, 151-153. 

Franklin's Plan, 15. 

Government: colonial, forms of, 13; 
formation of state, 18; need of a 
stronger, 19; departments of, 35; 



federal, scope and function of, 76; 
checks and balance among de- 
partments, 86-89; county, 177; 
city, 187; towns and villages, 189. 

Governor: qualifications, 117; man- 
ner of election, 117; powers, 120; 
duties, 121; checks, 122. 

Governor's Council, 14. 

Grand Jury, 134. 

Habeas Corpus, 43, 203. 

Impeachment, 89. 

Inauguration: president, 52; gov- 
ernor, 118. 

Independence: steps towards, 15; 
Mecklenburg Declaration, 17; 
Lee's Resolution, 17; declaration 
of, 17. 

Indian Land Fund, 146. 

Insurance Commissioner, 128. 

Interior Department, 60. 

Judicial Department (state) : courts 
and their function, 131-138. 

Judicial Department (L T . S.) : courts 
and their function, 65; judges, 65; 
Supreme Court, 66-67; inferior 
courts, 67-70. 

Jurisdiction: appellate, 66; original, 
66. 

Jury: grand, 134; petit, 135; coro- 
ner's, 182. 

Justice of the Peace Court: jurisdic- 
tion, 137. 

Land Commissioner, 128. 

Law: making a, 111-113. 

Lee's Resolution, 17. 

Legislative Assembly: the first, 14. 

Legislative Department (state) : 
function, 105; organization and 
structure, 105; qualification of 
members, 105; election of mem- 
bers, 106; number and apportion- 
ment, 108; officers of the house, 
108; officers of the senate, 109; 
powers of the house, 109; powers 
of the senate, 110. 



IXDEX 



285 



Legislative Department (U. S.) : 
function of Congress, 35; organi- 
zation and structure, 35-36; qual- 
ification of members, 36; manner 
of election, 36; term, 36; salaries, 
37; apportionment, 37; officers of 
the house, 38; officers of the sen- 
ate, 39; exclusive power of the 
house, 39; exclusive power of the 
senate, 39; powers exercised by 
each house, 40; powers and re- 
strictions, 40; powers granted by 
the states, 40-42; powers denied 
by the states, 43-44. 

Letters of Marque and Reprisal, 42. 

Levees, 184. 

Librarian: U. S., 91: state, 127. 

Lieutenant Governor: qualifications, 
etc., 123; powers and duties, 123. 

Magna Charta, 161. 

Marshal, 69. 

Mayor, 188. 

Mecklenburg Declaration, 17. 

Military Academy, 58. 

Ministers, 57. 

Mint, 57. 

Municipal Government, 187-190. 

National Convention, 51, 52. 
National Guard, 193. 
Naturalization, 90. 
Naval Academy, 60. 

Ordinance of 1787, 73. 

Patents, 91. 

Penitentiary, 194. 

Pensions: U. S., 60; state, 147, 165. 

Petit Jury, 135. 

Poll Tax, 145. 

Postmaster-General, 59. 

Post-Office Department, 59. 

President, 51-56. 

Press : Freedom of, 84. 

Primary Elections, 154. 

Property Tax, 145. 

Proprietary Government, 14. 

Public School Funds: sources, 145; 



Indian Land Funds, 146; dis- 
bursement, 146; special levies, 
146. 
Public School System, 141-147. 

Qualifications of Voter, 152. 

Railroad Commissioners, 128, 174. 

Railroad Companies : rights and du- 
ties, 171; restriction, 171; no 
"watered" stock, 172; granting 
of passes forbidden, 173; rights of 
employees, 173; common carriers, 
174. 

Register of the Treasury, 57. 

Registrar, 152. 

Resolution of 1780, 73. 

Returning Officer, 158. 

Revenue Agent, 128. 

Revolutionary War Debts, 20. 

Rights: states, 44, 202; U. S. biU of, 
84; bill of, 199-203. 

Royal Provinces, 14. 

Salaries of Officers, 162. 

School Districts, 178. 

School Examiners, 142. 

Secession, 203. 

Secretary of State, 57, 123, 124. 

Senatorial Districts, 108. 

Separate School Districts, 144. 

Sessions of Congress, 36. 

Shay's Rebellion, 20. 

Sheriff, 134. 

Sinecures Forbidden, 163. 

Sixteenth Section, 146. 

Slavery: question in convention of 
1787, 26, 27; traffic forbidden, 
100; forbidden in state, 203. 

Soldiers' Home, 147. 

Speaker of the House: U. S., 38; 
state, 108. 

Special Levies, 146. 

Stamp Act Congress, 15. 

State: governments formed, 18; ad- 
mission of, 72-74; and federal re- 
lations, 75. 

State Board of Education, 142. 

State Board of Examiners, 142. 



286 



INDEX 



State Constitution: 99; of 1817, 99; 

of 1832, 100; of 1869, 101; of 1890, 

101. 
State Convict Farms, 194. 
State Governments: formation of, 

18. 
State Militia, 193. 
States Rights, 25, 44, 75, 202, 203. 
Stockholders, 170. 
Superintendent of Education 

(county), 142, 143. 
Superintendent of Education 

(state): qualifications, etc., 126; 

powers and duties, 127, 141-142. 
Superintendent of Penitentiary, 

128. 
Supervisors Court: jurisdiction and 

powers, 138. 
Supervisors Districts, 178. 
Supreme Court: judges, 131, 132; 

sessions, 132; officers, 132; juris- 
diction, 132. 
Surveyor, 182. 

Tariff, 77. 

Taxation: methods of, 77; state and 
federal, 77; school, 145; special 
levies, 146; state, 161; of corpora- 
tions, 170. 



Territory, 43, 73, 74. 

Town, 187. 

Townships, 178. 

Treason, 92, 202. 

Treasurer (municipal), 189. 

Treasurer (state) : qualification, etc. 

125; powers and duties, 125. 
Treaty: of Paris, second, 18. 
Trial, 201. 
True Bill, 135. 
Trustees of the Penitentiary, 128. 



Union: steps towards, 15; Franklin's 
plan (the Albany plan), 15; under 
the constitution, purposes of, 23; 
obstacles in way of, 24; admission 
of states, 73. 



Vacancies in Office, 93, 

Veto, 88, 164. 

Vice-president, 53, 56. 

Village, 187. 

Voters: qualifications of, 152-153. 

Voting: manner of, 157. 

Watered Stock, 172. 

West Point Military Academy, 58. 



JUN 6 WO 



One copy del. to Cat. Div. 



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